vilnius declaration

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vilnius declaration
AS (09) D 1 E
VILNIUS
DECLARATION
OF THE
OSCE PARLIAMENTARY ASSEMBLY
AND
RESOLUTIONS ADOPTED
AT THE EIGHTEENTH ANNUAL SESSION
VILNIUS, 29 JUNE to 3 JULY 2009
Table of Contents
Preamble
Resolution on Strengthening the OSCE
Resolution on Election Observation
1st Committee Resolutions: Political Affairs and Security
2nd Committee Resolutions: Economic Affairs, Science,
Technology, and Environment
rd
3 Committee Resolutions: Democracy, Human Rights,
and Humanitarian Questions
Resolution on Security Sector Stabilisation and
Compliance with UN Blacklists
Resolution on Afghanistan
Resolution on Small Arms and Light Weapons
Resolution on Renewed Discussion on Arms Control
and Disarmament in Europe
Resolution on The Role of the OSCE in Strengthening
Security in its Region
Resolution on Labour Migration in Central Asia
Resolution on Energy Security
Resolution on Energy Co-operation
Resolution on Climate Change
Resolution on Tax Havens
Resolution on Mediterranean Free Trade
Resolution on Freedom of Expression on the Internet
Resolution on Water Management in the OSCE Area
Resolution on European Union Seal Products Ban
Resolution on Protecting Unaccompanied Minors and
Combating the Phenomenon of Child Begging
Resolution on Divided Europe Reunited: Promoting
Human Rights and Civil Liberties in the OSCE Region
in the 21st Century
Resolution on a Moratorium on the Death Penalty and
Towards Its Abolition
Resolution on Maternal Mortality
Resolution on Guidelines on Aid and Assistance to Refugees
Resolution on Co-operation for the Enforcement of
Criminal Sentences
Resolution on Anti-Semitism
Resolution on Strengthening OSCE Engagement on
Freedom of Opinion and Expression
Resolution on Arrests in Iran
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PREAMBLE
We, Parliamentarians of the OSCE participating States, have met in annual session in Vilnius on
29 June to 3 July 2009 as the Parliamentary dimension of the OSCE to assess developments and
challenges relating to security and co-operation, in particular on Addressing New Security
Challenges, and we offer the following views to the OSCE Ministers.
We wish every success to the next OSCE Ministerial Council in Athens on 1-2 December 2009
and bring to its attention the following declaration and recommendations.
RESOLUTION ON
STRENGTHENING THE OSCE
1.
Noting the importance of parliamentary involvement in the OSCE as called for in the
1990 Charter of Paris and the 1999 Istanbul Summit Document,
2.
Recalling previous recommendations by the OSCE Parliamentary Assembly regarding
the need for reform in the OSCE, particularly the resolutions adopted in St. Petersburg
(1999), Paris (2001), Edinburgh (2004), Kyiv (2007) and Astana (2008),
3.
Deeply concerned at the growing lack of political relevance of the OSCE due in part to
the non-transparent decision-making process and the inability of the decision-making
structures to reach agreements, including on key political issues,
4.
Bearing in mind that the OSCE’s credibility can only be maintained if its own structures
are in line with democratic norms, and reiterating the added value of the OSCE PA as the
democratic dimension of the OSCE,
5.
Convinced that discussions on political topics should take place in an open and
transparent forum in order to be relevant,
6.
Regretting the Permanent Council’s continued failure to have a meaningful discussion on
most OSCE PA recommendations, particularly those related to the urgent need for reform
of the Organisation,
7.
Underlining the importance of access by OSCE PA representatives to all formal and
informal OSCE meetings that are open to all national delegations,
8.
Reiterating the Parliamentary Assembly’s support for the OSCE Field Operations, where
the most important work of the OSCE takes place,
1
The OSCE Parliamentary Assembly:
9.
Urges participating States to recommit to a genuine and transparent political dialogue on
OSCE-related issues with the inclusion of the OSCE PA;
10.
Calls on the OSCE Permanent Council to open its meetings to the press and the public;
11.
Recommends that the OSCE modify the consensus rule for decision-making, at least for
decisions concerning personnel, budget and administration, through, for example,
implementing an approximate consensus of 90 per cent of both membership and financial
contributions;
12.
Encourages national PA delegations to urge their governments to respond, through
follow-up at the national level, to recommendations adopted by the OSCE PA,
demonstrating respect for the Assembly as the parliamentary dimension of the
Organisation;
13.
Requests the Permanent Council to recognise its accountability to the citizens of the
OSCE participating States and their elected representatives through timely responses and
reaction to OSCE PA recommendations;
14.
Reiterates that parliamentarians provide unmatched credibility and visibility to OSCE
election observation activities, and calls for the full implementation of the 1997
Co-operation Agreement;
15.
Regrets the continued missed opportunities to employ women in high-level OSCE
positions, thus preventing the OSCE from reflecting its own values;
16.
Asks for a review of the failure of the Organisation effectively to implement the 2004
Ministerial Council Decision (MC.DEC/14/04) on the 2004 Action Plan for the
Promotion of Gender Equality, and urges immediate steps to correct this;
17.
Calls on participating States to provide OSCE Field Operations with relevant mandates
and with sufficient financial and human resources;
18.
Regrets the actual cut in the 2009 OSCE budget, which will weaken the Organisation’s
ability to fulfil its operational mandate, following the non-official policy in previous
years of zero nominal growth of the OSCE budget, which in reality has led to a reduction
of OSCE resources as a result of inflation;
19.
Emphasises the need for timely adoption of the OSCE budget, increased long-term
programme and financial planning, including a time limit for each operation instead of
renewable one-year mandates for the OSCE field missions, and full transparency in the
financial process by updating the OSCE Financial Regulations;
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20.
Stresses the importance of transparency for the credibility of the Organisation and
recommends the establishment of a regulatory framework applying to the extrabudgetary
funding of programmes;
21.
Recommends that reliance on secondments for staffing OSCE Field Operations be
reduced, that more contracted positions be made available in the field, along with
enhanced transparency regarding the recruitment process, and that OSCE professional
staff term limits be eliminated in order to attract and keep highly qualified professional
staff, while at the same time preserving the flexibility and effectiveness of OSCE
operations in general;
22.
Calls for the OSCE PA to be given an oversight role in relation to the OSCE budget and
for confirmation by the Assembly of the OSCE Secretary General, once nominated, as
called for in the 2005 Colloquium Report on the Future of the OSCE;
23.
Urges the engagement of independent, external professional auditors to oversee the
disbursement and expenditure of all funds within the OSCE, to report directly to the
OSCE Chairmanship Troika and the President of the OSCE Parliamentary Assembly, and
to make their findings, observations, conclusions and recommendations available to
participating States and the Parliamentary Assembly.
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RESOLUTION ON
ELECTION OBSERVATION
1.
Reiterating the commitment of all participating States to invite OSCE observers as stated
in the Document of the Copenhagen Meeting of the Conference on the Human
Dimension of the CSCE (1990),
2.
Recalling that OSCE election observation missions, comprised of the OSCE Parliamentary
Assembly and ODIHR, are a means of co-operation as well as an opportunity to learn
from each other’s experiences,
3.
Welcoming ODIHR’s efforts to diversify the national composition of election
observation and election assessment missions, and calling upon all participating States to
provide experts for such missions,
4.
Underlining that OSCE, including the Parliamentary Assembly and ODIHR, remains a
leading organisation for the support and the observation of elections and has served as an
example for many other organisations active in this field,
5.
Reaffirming the value of the field-tested standards of the OSCE election observation
methodology, developed by ODIHR and the Parliamentary Assembly, while also
underlining the necessity to continuously improve and adapt these standards, particularly
in view of new voting techniques,
6.
Considering that voter registration is a particularly delicate field in the election process,
which therefore calls for special attention in the preparation and conducting of election
observation missions,
7.
Stressing the importance of the expertise of both the Parliamentary Assembly and
ODIHR in carrying out OSCE election observation missions, and the importance of their
effective co-operation,
The OSCE Parliamentary Assembly:
8.
Reaffirms that election observation missions are part of the core competence of the
OSCE;
9.
Emphasises that the political expertise of parliamentarians lends unmatched credibility to
election observation;
10.
Calls upon the Parliamentary Assembly to continue providing political leadership to
OSCE election observation missions, as called for in the 1997 Co-operation Agreement;
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11.
Urges participating States to honour fully their commitment to inviting the OSCE,
including OSCE PA and ODIHR, to observe national elections, without placing undue
restrictions on the operability of OSCE election observation missions;
12.
Urges participating States to implement fully all provisions of the Document of the
Copenhagen Meeting of the Conference on the Human Dimension of the CSCE (1990),
and all other commitments for the conduct of democratic elections that have been freely
entered into since and including the Helsinki Final Act as well as the 1997 Co-operation
Agreement, as endorsed by the OSCE Ministerial Council in 2006;
13.
Calls upon ODIHR to step up its efforts to prepare guidelines for the observation of
electronic voting;
14.
Calls upon ODIHR, in consultation with OSCE PA, to prepare a discussion paper on
guidelines for the observation of voter registration, in accordance with the report on
“Common responsibility: Commitments and Implementation” (2006);
15.
Calls upon the Director of ODIHR to report to the Permanent Council and the
Parliamentary Assembly on general trends with regard to the follow-up and
implementation of recommendations of OSCE election observation missions.
5
THE OSCE: ADDRESSING NEW SECURITY CHALLENGES
CHAPTER I
POLITICAL AFFAIRS AND SECURITY
“The Food Crisis and Security in the OSCE Area”
1.
Emphasising that one of the pillars of the Helsinki Final Act was, and remains, the notion
of the “indivisibility” of security and that this principle means that security is an
overarching issue, and that the security of any single State cannot be pursued to the
detriment of another,
2.
Noting that the concept of the “indivisibility” of security implies that shared values
require a shared effort and a shared commitment to security that all OSCE participating
States – on an equal footing – must abide by,
3.
Recognising that “indivisibility” implies that we are all producers and consumers of
security at the same time and in the same way and, as such, it is becoming increasingly
necessary to think in terms not only of security in, but also the security of, the OSCE
area,
4.
Highlighting consequently that the “indivisibility” of security has to be conceived across
two spectra, one pertaining to violations of international law and fundamental human
rights by one State against another State and, the other, the fully-fledged cross-cutting
challenges which globalisation is posing to every OSCE participating State without
distinction,
5.
Bearing in mind that the “indivisibility” of security today means a shared stance to
counter large-scale organised crime (including illicit human trafficking), illegal activity in
conflict zones, terrorism, cyber attacks, the production and illicit trafficking of drugs, as
well as production and illicit transfer of arms and the financial crisis,
6.
Noting that the current global financial crisis has also become an economic and social
crisis helps us to better understand the new indivisible security challenges and the
multipolar, inclusive and cross-dimensional approach that offers the best possible way of
combating them,
7.
Stressing that, whereas the right to food is explicitly mentioned in Article 25 of the
Universal Declaration of Human Rights, one new and major challenge, also for the OSCE
area, is that of food security, which implies food availability and accessibility through
food production and stable food supply and the related political issues on a world scale,
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8.
Taking note that in 2008 a number of serious incidents broke out in many countries,
including the Mediterranean area, Egypt and Tunisia, and that, primarily owing to the
marked increase in grain prices, some Asian countries blocked rice exports, and some
supermarkets limited purchases to four units per person to prevent hoarding,
9.
Noting that alongside the dramatic issue of famine is the dangerous neocolonialist
rationale that urges governments and banks to buy up millions of hectares of land to
produce food abroad, thereby leading to a potential crisis for local food availability which
would mean a serious risk of food insecurity for the national population, both rural and
urban,
10.
Stressing the fact that the great race to control foreign staple-food production has proven
to be one of the latest trends in the global economy, and that some OSCE participating
States have been targeted for such investments by Qatar, the United Arab Emirates, South
Korea, Japan and Saudi Arabia,
11.
Noting the emerging difficulties caused by the competition between crops for food and
crops for biofuels, and the use of food crops for biofuel production; by the progressive
loss of arable soil due to degradation; by national disasters made worse by ongoing
climate change; by the fact that rural populations are in sharp decline; and by the current
exponential rise in demand for food in India and China, also due to changing diets,
12.
Noting that the lack of food and water affects, most of all, the most vulnerable groups in
poor societies, not only children but also women, who in the most difficult situations
continue to deal with the burden of family care and are often left alone by the heads of the
family, for reasons of work or due to wars,
13.
Emphasising that conflict prevention and the peaceful settlement of protracted conflicts
on the basis of the appropriate principles of the 1975 Helsinki Final Act through dialogue
between peoples and governments are also essential to ensure food security,
14.
Welcoming the agreement reached at the first G8 Agricultural Ministers’ meeting, which
took place in Italy, on 18-20 April 2009, and the overall consensus on strategies to fight
famine and to support food security,
The OSCE Parliamentary Assembly:
15.
Emphasises that one new and major challenge to security in Europe and in OSCE
participating States is food self-sufficiency and the related political issue of world food
security;
16.
Emphasises that the issue of food security must therefore become a top priority on the
OSCE agenda, embracing attention and commitment to all three areas traditionally falling
within the remit of the Organisation (conflict prevention, economic environmental co-
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operation and human rights), since the right to food must be considered intrinsic to other
fundamental human rights, including political rights;
17.
Urges parliaments to adopt food security laws and policies which permit the
establishment of adequate instruments, regulations and tools in order to prevent hunger
and malnutrition among the population;
18.
Urges parliaments to adopt fiscal measures and provide funding to improve living
standards in rural areas in order to stem depopulation;
19.
Notes that parliaments and governments of OSCE participating States, together with the
common resources and structures of the OSCE, must also become active players to
guarantee respect for the fundamental right to adequate and healthy food;
20.
Urges participating States to take a co-ordinated and consistent approach, jointly with
other international players, to attain an objective which must be given top priority by the
whole of the international community;
21.
Supports the work of the Task Force on the Global Food Security Crisis which was
established on 28 April 2008 by the United Nations Secretary General, Ban Ki-Moon, to
make a single and unified response to the food crisis on the part of Member States;
22.
Endorses the processes set in motion by the Rome World Food Security Conference
organised by the Food and Agriculture Organization on 3-5 June 2008, attended by 181
States, and with the “Madrid Declaration” on “Food Security For All” adopted on 27
January 2009 by 126 countries;
23.
Requests parliaments to commit themselves to take measures to help curb increases in the
price of agricultural commodities, and maintain a certain degree of price regulation,
bearing in mind that low food prices are good for consumers, but that higher prices are a
prerequisite for necessary investment in the agricultural sector, particularly in developing
countries;
24.
Urges, in particular, that parliaments provide resources and adopt legislation to encourage
balanced agricultural use of land to meet both food and energy demands, and support
research centres and universities to face the most difficult emergencies of the planet;
25.
Urges that direct action be taken to reduce political instability caused by the infringement
of the fundamental right to food, which leads to the radicalisation of conflict and
unacceptable inequalities;
26.
Draws attention to the need to consistently pursue the Millennium Development Goals
according to the provisions of the 1996 Rome Declaration on Food Security, which was
designed to halve the malnourished population by 2015, a goal which is still far from
being reached;
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27.
Urges parliaments to adopt measures which, while respecting fundamental economic
freedoms, discourage massive investments that ultimately lead to rural depopulation and
undermine food sovereignty;
28.
Endorses public finance policies consistent with the commitment entered into in the
Millennium Development Goals according to which each government undertook to
devote 0.7% of GDP to combating poverty by 2015, and urges parliaments to work in the
same direction;
29.
Agrees that it is appropriate to encourage the establishment of a world network of food
and agriculture experts to co-operate in the common pursuit of improved food security
levels, primarily in those countries where the minimum acceptable limit is still a distant
prospect;
30.
Recommends the adoption of an international strategy for reviving the cultivation of
agricultural crops in the steppe regions and supports the development of the agricultural
potential of the appropriate OSCE participating States with a view to helping to ensure
food security in the OSCE area;
31.
Undertakes to participate in the work of the Special Summit which FAO will be
organising in Rome in the autumn of 2009, in which 189 governments are expected to
participate.
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CHAPTER II
ECONOMIC AFFAIRS, SCIENCE, TECHNOLOGY AND ENVIRONMENT
32.
Deeply concerned about the devastating effects the current global financial crisis is
having in the OSCE area, including the fall of several governments, as well as creating
social unrest which in some cases has led to violence,
33.
Noting that the current financial crisis has led to world recession and was generated by
the financial system itself, caused by an overstretch of financial speculation and a lack of
financial regulations as well as lax governmental oversight of financial markets,
34.
Stressing that the financial crisis has a greater impact on poorer countries, which are
already victims of high oil and food prices and lack adequate mechanisms for overseeing
their economic systems,
35.
Calling upon international financial institutions and industrialised countries to renew their
adherence to the Millennium Development Goals in support of poorer countries,
36.
Reaffirming that the current financial crisis affects all three dimensions of security as
described in the Helsinki Final Act of 1975,
37.
Recalling the OSCE Strategy Document for the Economic and Environmental Dimension
adopted by the Ministerial Council of the OSCE at its meeting in Maastricht in December
2003,
38.
Recalling the OSCE Parliamentary Assembly’s Astana Declaration, which noted that
“without economic growth there can be no peace or stability”,
39.
Noting the consensus achieved at the G-20 Summit held in London on 2 April 2009 to
address the financial crisis in synergy and co-ordination towards a new way of running
the world economy,
40.
Recalling the OSCE Parliamentary Assembly’s Economic Conference on the World
Financial Crisis held in Dublin, Ireland, from 27 to 29 May 2009,
41.
Emphasising the historical link between economic difficulties and political extremism,
xenophobia, nationalism, political instability and international turmoil,
42.
Noting that, despite indications of a gradual and modest easing of the recession, the
fragility of the financial sector remains a major obstacle to growth,
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43.
Stressing the need for strengthened oversight and regulation of the financial system, at
both the national and the international levels, to ensure greater transparency and
accountability,
44.
Condemning the attempts of some governments to introduce protectionist and economic
nationalist measures in response to the crisis,
45.
Recalling that the Universal Declaration of Human Rights affirms that “Everyone has the
right to work” and “protection against unemployment”,
46.
Acknowledging that democracy, the rule of law and human rights are ultimately linked to
open markets and open economies,
47.
Taking into consideration the negative impact of closed borders within the OSCE area on
overcoming the financial and economic crisis,
48.
Recognising that the current economic crisis disproportionately affects the most
vulnerable members of society, including immigrants, forced settlers and refugees,
persons belonging to minorities, women and young people,
The OSCE Parliamentary Assembly:
49.
Calls for greater co-ordination among OSCE participating States in the development of a
coherent response to the crisis;
50.
Supports the recommendations of the United Nations Stiglitz Commission calling for a
global economic co-ordination council at the level of the General Assembly or the
Security Council and a new global reserve system;
51.
Supports the initiative of the World Bank to establish a vulnerability fund to help
developing countries, focusing on safety net programmes, investments in infrastructure
and support for small and medium-sized enterprises;
52.
Supports the initiative of the Group of Twenty (G-20) to create a Financial Stability
Forum to globally co-ordinate regulation, and a stronger role for the International
Monetary Fund in lending to distressed countries;
53.
Supports the fight against tax evasion, financial crime and money laundering and invites
participating States to introduce binding rules for offshore banking centres so as to ensure
their co-operation and the transparency of their activities;
54.
Calls for better regulation of banks’ equity and, in particular, the constitution of
additional reserves;
55.
Encourages banks to keep on their balance sheets at least 10 per cent of the debts that
they issue and sell on, in accordance with the securitisation technique;
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56.
Invites participating States to draft common principles for the remuneration of market
players and, in particular, mechanisms to avoid remuneration being linked to excessive
risk taking;
57.
Calls for participating States to refrain from protectionist and economic nationalist
measures, rescind those that have been implemented and take measures to enlarge
developing countries’ markets;
58.
Calls on OSCE participating States to refrain from economic coercion designed to
subordinate to their own interest the exercise by another participating State of its
sovereign rights, to secure advantages of any kind;
59.
Emphasises that economic recovery initiatives should not only incorporate efforts to
promote environmental sustainability, but also be used as an opportunity to adopt new
economic practices that respect the environment, to curb climate change;
60.
Encourages participating States to invest in and support environmentally friendly
industries, including the development of energy efficiency and renewable energies, and
supports further development of the energy security dialogue in the OSCE;
61.
Invites the international community and international financial institutions to consider
holding a conference to establish the bases for a new global financial infrastructure that
includes the reform of the IMF and the establishment of more efficient global financial
rules;
62.
Welcomes the conclusions of the Seventeenth Annual OSCE Economic and
Environmental Forum on “Migration management and its linkages with economic, social
and environmental policies to the benefit of stability and security in the OSCE region”;
63.
Urges participating States to adopt a comprehensive and balanced approach to migration,
including strengthening the international dialogue on migration; developing real
partnerships between countries of origin, transit and destination; exploring the
management of migration and the promotion of development; and working to prevent
manifestations of xenophobia and other forms of intolerance at country border entry areas
by formulating and implementing training programmes for law enforcement, immigration
and border officials, prosecutors and service providers;
64.
Stresses that policy proposals must include a gender perspective in solutions to the global
crisis and welcomes the decision of the Commission for the Status of Women (CSW) to
address the emerging issue “Gender Perspectives of the Financial Crisis” at its 53rd
Session held in New York in March 2009;
65.
Calls upon the Kazakh Chairmanship of the OSCE in 2010 and the Office of the OSCE
Economic and Environmental Co-ordinator to address the consequences of the current
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financial and economic crisis in the OSCE area at the Eighteenth Annual OSCE
Economic and Environmental Forum and its preparatory conferences in 2010;
66.
Encourages national parliaments to ensure that national budgets continue to enable
parliamentarians to engage in international activities by providing the necessary funds for
them to attend, participate in and contribute to the work of international parliamentary
assemblies and other relevant international parliamentary events.
13
CHAPTER III
DEMOCRACY, HUMAN RIGHTS AND HUMANITARIAN QUESTIONS
67.
Recognising the devastating effect that the current global financial crisis is having on
people across the world,
68.
Recognising that accentuated socio-economic disparities between and within States
resulting from the crisis threaten social cohesion and hence security, and hamper efforts
towards sustained growth,
69.
Underlining that vulnerable and marginalised sections of the population are affected
disproportionately and are suffering particular hardship,
70.
Noting that no part of the OSCE region is immune to the social and humanitarian
consequences of the ongoing crisis,
71.
Recalling previous OSCE PA declarations addressing the particular challenges of
vulnerable groups such as women, children, persons belonging to national minorities, and
migrants,
72.
Acknowledging that persons with disabilities and elderly persons represent economically
vulnerable groups and require special attention in times of crisis, and urging participating
States to take the necessary steps to ensure adequate social protection and empowerment
of the elderly and persons with disabilities so as to minimise the risk of economic
dependency,
73.
Convinced that urgent action is needed to safeguard against further marginalisation of atrisk groups,
74.
Recalling the provision of the Document of the 1991 Cracow Symposium on the Cultural
Heritage acknowledging the important contribution of religious faiths, institutions and
organisations to cultural heritage, and the commitment of the participating States to
co-operate closely with them to preserve cultural heritage and give due attention to
monuments and objects of religious origin whose original communities no longer use
them or no longer exist in the particular region,
75.
Noting the provisions of the 1954 Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict and its Protocols as well as those of the 1970
UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import,
Export and Transfer of Ownership of Cultural Property, the 1995 Convention on Stolen
or Illegally Exported Cultural Objects, and other international instruments,
76.
Recalling United Nations Security Council resolution 1325, which specifically notes the
disproportionate impact of armed conflict on women, and recognises the under-valued
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and under-utilised contributions of women to conflict prevention, peace-keeping, conflict
resolution and peace-building,
77.
Concerned at the continued sexual abuse and exploitation of children and calling
attention to the need for enhanced action by participating States to prevent such abuse
and exploitation, prosecute the perpetrators, and provide appropriate care to child victims
and their families,
The OSCE Parliamentary Assembly:
78.
Notes that at-risk groups are typically the first to suffer from economic difficulties, and
the last ones to recover;
79.
Encourages participating States to promote policies to increase inclusiveness in the
workforce including adopting and implementing legislation that addresses discrimination
in employment, and working with the private sector to adopt preventive initiatives such
as programmes that facilitate vulnerable groups’ entry into the labour market and combat
discriminatory practices in the workplace;
80.
Calls on participating States to develop national systems of data collection to measure
equal opportunity and non-discrimination and to guide the formulation of policies and
actions to eradicate discrimination in the workplace and other sectors of society, while
upholding rights to privacy and self-identification;
81.
Affirms the importance of equitable access to education for all children and young people
to facilitate their quick entry into the labour market;
82.
Is deeply concerned that women’s economic dependency on men, particularly in times of
economic difficulty, makes women easy targets for oppression and abuse, as well as
potential victims of prostitution and human trafficking;
83.
Urges the OSCE, its field missions and participating States to redouble efforts to combat
trafficking in human beings through preventive programmes and increase public
awareness;
84.
Recognises the crucial role that the family and traditional social networks play in
assisting at-risk individuals and groups, and encourages participating States to increase
support for such networks as well as enhanced co-operation and co-ordination of the OSCE
with other competent organisations at the global and regional levels to this end;
85.
Calls upon parliamentarians to be particularly vigilant in fighting intolerance against
persons belonging to national minorities and other vulnerable groups, who are often made
scapegoats during times of financial difficulty;
86.
Recognises that participating States’ improvement of democratic institutions, including
ensuring that their political and legal systems reflect the multicultural diversity of their
15
societies, assists in combating intolerance and discrimination, and urges parliamentarians
to initiate and support inclusive measures in their particular parties;
87.
Urges participating States to vigorously combat child labour, particularly through:
a. comprehensive legislation outlawing all exploitative child labour,
b. special training for law enforcement personnel on methods to identify victims of child
labour,
c. mechanisms protecting victims of this crime,
d. support programmes to assist victims’ entry into schools;
88.
Calls upon participating States to redouble efforts aimed at fighting paedophilia and other
forms of sexual exploitation of children, child poverty and the involvement of children in
crime, including partnership programmes with mass media aimed at placing greater focus
on these crimes;
89.
Urges those participating States that have not done so to establish national telephone
hotlines for reporting sexually abused, exploited or missing children, including children
sexually abused and exploited by sex tourism, prostitution, trafficking and pornography;
90.
Calls upon parliamentarians from participating States to introduce and promote the
adoption of comprehensive legislation aimed at preventing the sexual abuse and
exploitation of children, which should provide for the creation of comprehensive registers
of persons convicted of child sex abuse or exploitation, severe penalties for the
perpetrators of such abuse and exploitation, and appropriate care for child victims and
their families;
91.
Requests the OSCE Strategic Police Matters Unit to assist the law enforcement agencies
of participating States to develop strategies for combating sexual abuse and exploitation
of children;
92.
Urges participating States to strengthen the mutual co-operation between their law
enforcement and prosecuting agencies in efforts to combat the sexual abuse and
exploitation of children, including by providing notice to the appropriate officials of
another State when a known sex offender travels to that State and, for that purpose, to
ensure that convicted child sex offenders are required to notify the appropriate domestic
officials before travelling to another State, and penalise failure to comply;
93.
Requests participating States to increase efforts aimed at establishing bilateral
co-operation agreements on child adoption issues, ensuring that the best interests of
children are always maintained;
94.
Notes the difficulties faced by children after a divorce between parents who are of
different nationalities, and urges that every effort, including legislation, be aimed at
ensuring that the best interests of the children are protected in custody arrangements;
16
95.
Further urges OSCE parliamentarians to actively facilitate international exchange of best
practices in addressing the particular needs of vulnerable social groups;
96.
Calls upon all participating States to meet their OSCE commitments and international
obligations to ensure the preservation and protection of cultural heritage sites, including
churches, chapels and monasteries, as well as monuments and objects of religious origin;
to prevent the theft, clandestine excavation and illicit export, import or transfer of
ownership of cultural property; to enhance their co-operation in efforts to prevent the
illicit international trafficking in objects of religious origin and other cultural property
and to facilitate the restitution of illicitly exported cultural property;
97.
Reminds participating States that during conflicts particular care must be taken to protect
the human rights of civilians;
98.
Urges participating States to work with NGOs and civil society to protect vulnerable
groups and notes the current precarious situation, including declining financial support,
of human rights defenders, which undermines efforts adequately to address xenophobia
and other forms of intolerance;
99.
Recognises the positive role that the right to freedom of expression and the freedom to
seek, receive and impart information can play in combating xenophobia and other forms
of intolerance, in line with the relevant provisions of international human rights law.
17
RESOLUTION ON
SECURITY SECTOR STABILISATION AND
COMPLIANCE WITH UN BLACKLISTS
1.
Reaffirming that, given that failed States and areas suffering from military conflicts are
an international curse that requires effective international measures preventing terrorists
from going unpunished, organised crime getting established and environmental hazards
expanding, stabilisation of the civilian security sectors has to be conducted
simultaneously with peace-enforcing and peacekeeping operations by means which
respect human rights and the rule of law,
2.
Considering that international bodies such as the European Union, the OSCE and the
United Nations ought to establish a co-ordinated regulatory body for this purpose in each
participating State, in view of the lofty goals laid down in their founding instruments and
the credibility they need in order to attain those goals,
3.
Recalling United Nations Security Council resolution 1325, which was passed
unanimously on 31 October 2000, the first resolution ever passed by the Security Council
that specifically addressed the impact of war on women and women’s contributions to
conflict resolution and sustainable peace,
4.
Taking into account United Nations Security Council resolution 1325, and recognising
that a co-ordinated process, addressing both military operations and security sector
stabilising measures, is of the utmost importance in attaining both political and military
objectives,
5.
Noting at the same time that this process has a direct impact on individual human rights
such as personal liberty and the protection of property,
6.
Recognising furthermore that co-ordinated, procedural and substantive planning
standards must also be guaranteed from the very beginning to ensure the credibility and
effectiveness of the combined military and civilian security stabilising operations,
7.
Recognising once again that a stabilised security sector is the foundation for future
reforms and this will ensure the credibility and effectiveness of the combined military
and civilian operations,
8.
Stressing that minimum substantive standards require a sufficiently clear and
co-ordinated identification of civilian and military players in any operation,
9.
Realising that targeted sanctions against individuals or specific groups (“blacklists”)
imposed by the United Nations Security Council are, in principle, preferable to general
sanctions imposed on States, because general sanctions often have dire consequences for
vulnerable population groups in the countries concerned, though generally not for their
18
leadership, whilst targeted sanctions hurt only those found personally responsible for
certain wrongdoings,
10.
Recognising at the same time that targeted sanctions, such as travel restrictions and
freezing of assets, have a direct impact on individual human rights such as personal
liberty and the protection of property and that, whilst it is not entirely clear and still being
debated whether such sanctions have a criminal, administrative or civil character, their
imposition must, under the United Nations Covenant on Civil and Political Rights
(UNCCPR), respect certain minimum standards of procedural and legal certainty,
11.
Recalling furthermore that procedural and substantive standards must also be guaranteed
to ensure the credibility and effectiveness of the instrument of targeted sanctions,
12.
Noting that the minimum procedural standards under the rule of law are:
a. the right to be notified and adequately informed of the charges held against oneself,
and of the decision taken,
b. the fundamental right to be heard and to be able to adequately defend oneself against
these charges,
c. the right to be able to have the decision affecting one’s rights speedily reviewed by an
independent, impartial body with a view to modifying or annulling it,
13.
Stressing that minimum substantive standards require a sufficiently clear definition of
grounds for the imposition of sanctions and applicable evidential requirements,
14.
Emphasising that necessary steps must be taken to overhaul the procedural and
substantive rules governing targeted sanctions, to comply with the requirements
presented above,
The OSCE Parliamentary Assembly:
15.
Calls upon those participating States that are permanent or non-permanent members of
the United Nations Security Council to use their influence in the OSCE and the Security
Council to uphold the values embodied in the UNCCPR, both by ensuring the necessary
improvements in procedural and substantive rules and through the positions they take on
individual cases;
16.
Invites participating States to establish appropriate national procedures to implement the
above mentioned principles imposed by the United Nations Security Council on their
nationals or legal residents, in order to remedy the shortcomings of the procedures at the
level of the United Nations as long as these shortcomings persist.
19
RESOLUTION ON
AFGHANISTAN
1.
Stressing the importance of a comprehensive approach to challenges facing the Islamic
Republic of Afghanistan,
2.
Reaffirming support for the Government and people of Afghanistan,
3.
Stressing the contribution that Afghanistan’s involvement as a Partner for Co-operation
makes to the security of the OSCE region,
4.
Convinced of the contribution that Pakistan’s involvement as a Partner for Co-operation
could also make to the security of the OSCE region,
5.
Concerned about Taliban efforts to take control in Pakistan’s Swat Valley, as well as the
dire humanitarian situation resulting from the displacement of almost 2.5 million people
who have had to flee fighting there, and the potentially destabilising effect on the region,
6.
Supporting the goals of the Afghanistan Compact, agreed to at the London Conference on
Afghanistan in 2006,
7.
Taking note of United Nations Security Council resolution 1868 (2009), which
underscores the importance of the upcoming presidential and provincial council elections
to Afghanistan’s democratic development and which calls for every effort to be made to
ensure the credibility, safety and security of the elections and for members of the
international community to provide the necessary assistance,
8.
Taking note of the invitation to the OSCE from Dr Rangin Dadfar Spanta, Minister for
Foreign Affairs of Afghanistan, to support the 20 August presidential and provincial
council elections in Afghanistan,
9.
Taking note of the OSCE Permanent Council Decision No. 891 on sending an Election
Support Team to Afghanistan (PC.DEC/891), which authorises the sending of an expert
team of up to fifty persons to analyse the 2009 election process and provide
recommendations for enhancing the conduct of future elections,
10.
Welcoming the decision on OSCE Engagement with Afghanistan (MC.DEC/4/07/Corr.1)
adopted by the OSCE Ministerial Council in Madrid on 30 November 2007 in response to
the request by Afghanistan for the OSCE to provide assistance in the fields of border
security, police training and combating drug trafficking,
11.
Recognising the Government of Afghanistan’s commitment to building the rule of law
and protecting human rights,
20
12.
Welcoming the increasingly effective role of the parliament of Afghanistan in
policy-making and oversight,
13.
Recognising the continued importance of the fight against terrorism and drug trafficking,
14.
Concerned that opium poppy cultivation reached an all-time high in 2007 and that opium
production increased by over one third with most of it being converted into heroin or
morphine inside Afghanistan,
15.
Taking note of the increase in the number of poppy-free provinces from 13 in 2007 to 18
in 2008,
16.
Concerned that corruption and mismanagement continue to hinder reconstruction efforts
and the fight against drug trafficking, and that corruption and poor governance undermine
public trust in Afghanistan’s Government and institutions,
17.
Remaining concerned that women still face significant discrimination in Afghanistan,
including new legislation aimed at regulating family life in Afghanistan’s Shiite
community which could legalise rape within marriage,
18.
Condemning in the strongest terms all attacks, including suicide attacks and abductions
targeting civilians, Afghan and international forces, and the use of civilians as human
shields by the Taliban and other extremists,
19.
Concerned that such attacks undermine Afghan and international reconstruction and
development efforts,
The OSCE Parliamentary Assembly:
20.
Will continue to promote Afghanistan’s increasing participation in the activities of the
OSCE;
21.
Encourages Pakistan to actively consider and request Partner for Co-operation status so
that it can also participate in activities of the OSCE;
22.
Supports the mission of the International Security Assistance Force and the Afghan
Security Forces;
23.
Supports the role of the United Nations Assistance Mission in Afghanistan;
24.
Urges the international community to step up co-ordination to ensure a more effective use
of resources and targeting of assistance and avoid duplication;
25.
Urges that all international efforts be guided by the principle of Afghan leadership and
ownership of reconstruction and reform efforts;
21
26.
Stresses the need to ensure that promotion of human rights is a priority in international
strategies to assist Afghanistan;
27.
Urges the Government of Afghanistan to make every effort to ensure free and fair
elections;
28.
Calls for a greater emphasis to be laid by the Afghan Government and the international
community on the development of the Afghan judicial system and the promotion of good
governance at all levels;
29.
Urges the Government of Afghanistan, the United Nations Assistance Mission in
Afghanistan and the OSCE to redouble efforts to promote the role of women and equal
opportunities for women in Afghan society, and welcomes President Karzai’s
commitment to re-examine the law regulating family life in the Shiite community;
30.
Urges international assistance efforts to support greater development of the legitimate
Afghan agricultural sector and food production capability, and increased job
development;
31.
Urges the International Security Assistance Force to do everything possible to minimise
civilian casualties;
32.
Supports OSCE efforts to assist Afghanistan with border management training.
22
RESOLUTION ON
SMALL ARMS AND LIGHT WEAPONS
1.
Reaffirming the importance of the multidimensional concept of common, global,
co-operative and indivisible security of the OSCE, according to the principles of the
Helsinki Final Act, the Charter of Paris and other relevant OSCE documents,
2.
Calling to mind that the basic document of the OSCE on small arms and light weapons
(SALW) of 24 November 2000 emphasises that the problem of small arms forms an
integral part of the holistic work carried out by the OSCE on early warning, conflict
prevention, crisis management and post-conflict rehabilitation,
3.
Regretting the continuation of the devastating effect on human security of the illegal and
uncontrolled spread of SALW and ammunition in many parts of the world,
4.
Reaffirming that illegal trafficking, including that of SALW, is a criminal or terrorist
activity that may constitute a threat to stability and security inside and outside the OSCE
area,
5.
Emphasising that very often SALW and ammunition used in armed conflicts outside the
territory of the OSCE come from within the territory of the OSCE,
6.
Calling to mind the 2005 Resolution of the OSCE Parliamentary Assembly and its 2006,
2007 and 2008 Resolutions on the illegal transport of SALW by air,
7.
Welcoming the progress made within the OSCE Forum for Security Co-operation (FSC),
in particular the adoption on 5 November 2008 of FSC Decision 11/08 introducing a
guide to good practice to prevent destabilising shipments by air of SALW and the
associated questionnaire, as well as the adoption on 7 May 2008 of FSC Decision 4/08 on
the contact points on SALW and the stocks of conventional ammunition establishing, in
particular, an OSCE directory of national contact points on SALW,
8.
Welcoming the adoption on 5 December 2008 of the OSCE Ministerial Decision on
Small Arms and Light Weapons and Stocks of Conventional Ammunition, which calls in
particular for an OSCE meeting to be arranged in 2009 on SALW to examine the OSCE
basic document on SALW (FSC.DOC/1/00) of 24 November 2000 and its additional
decisions, with a view to exploring possible future actions,
The OSCE Parliamentary Assembly:
9.
Calls on participating States to work to give concrete, substantive follow-up to the
ministerial decision on SALW of 5 December 2008 at a meeting of the FSC in September
2009, by actively seeking a consensus on the fields where it would be appropriate to
increase the legal instruments available to the OSCE, in the light of its implementation,
23
and the work of the United Nations and other international organisations and institutions,
such as:
a. formulating a series of criteria for export controls on SALW;
b. preparing a normative framework for the management of stocks of SALW and their
ammunition;
c. preparing a normative framework for the marking and tracing of SALW;
d. making efforts towards the standardisation of SALW end-user certificates within the
OSCE area;
10.
Calls on participating States to implement FSC Decision 11/08 on the guide to good
practice to prevent destabilising shipments by air of SALW, and to respond to the
associated questionnaire;
11.
Calls on participating States to implement FSC Decision 4/08 on the contact points on
SALW and on the stocks of conventional ammunition, by providing the information
required about their national contact points for the OSCE Directory created by that
decision, and ensuring close co-ordination between their respective authorities in charge
of SALW;
12.
Calls on participating States to support and implement national, regional and international
regulations on the arms trade, granting of export and arms dealing licences;
13.
Calls on participating States, the OSCE and all the Partners for Co-operation of the
OSCE to participate in and contribute actively to the fourth Biennial Meeting on the
Action Programme of the United Nations on SALW (RBE IV) in New York in 2010,
which aims to improve and extend the programme’s implementation, in order to
guarantee its success;
14.
Calls on participating States and OSCE’s Partners for Co-operation to discuss the
problem of illegal trafficking of SALW, including in the appropriate regional assembles
in Africa and Asia of which they are also members, and encourages them to co-operate to
create better conditions to combat the illegal trafficking of SALW.
24
RESOLUTION ON
RENEWED DISCUSSION ON ARMS CONTROL AND
DISARMAMENT IN EUROPE
1.
Confirming the continuing validity of the comprehensive concept of security as initiated
in the Helsinki Final Act of 1975, which is based on the multidimensional concept of
security,
2.
Remaining convinced that security is indivisible, and that the security of each of the
participating States is inseparably linked to the security of all others,
3.
Wishing to continue to build upon the OSCE strategy to address threats to security and
stability in the twenty-first century,
4.
Worried about the danger of a “new arms race” of conventional weapons and of the
potential misuse of conventional weapons for nuclear purposes,
5.
Underlining the importance of the 1990 Treaty on Conventional Forces in Europe (CFE)
as the only covenant on arms control and disarmament in Europe, and its role as a
cornerstone for European and transatlantic security,
6.
Recalling the unique acquis of the Treaty and its principles of transparency, verification
and reduction of holdings of treaty-limited equipment,
7.
Reaffirming the need to continue the implementation of all arms control documents that
are coherent and complementary and that are concerned by the erosion of the CFE
Treaty,
8.
Welcoming the various discussions and initiatives to renew and improve the system of
governance for international security,
The OSCE Parliamentary Assembly:
9.
Underlines the necessity of intensifying the dialogue on European and transatlantic
security;
10.
Supports the idea of linking the discussions on a renewal of the CFE Treaty with the issue
of non-proliferation and with the widely discussed initiatives on a new security
governance in Europe;
11.
Calls upon participating States to act in the spirit of the CFE Treaty, to set aside
differences and to increase their efforts to reach a new consensus on collective security
topics.
25
RESOLUTION ON
THE ROLE OF THE OSCE IN STRENGTHENING SECURITY
IN ITS REGION
1.
Reaffirming that the OSCE, as a regional arrangement under Chapter VIII of the Charter
of the United Nations, as a primary organisation for the peaceful settlement of disputes
within its region and as a key instrument for early warning, conflict prevention, crisis
management and post-conflict rehabilitation, continues to play an important role in
building a secure and stable OSCE community from Vancouver to Vladivostok,
2.
Acknowledging that the OSCE is the inclusive and comprehensive organisation for
consultation, decision-making and co-operation in its region,
3.
Actively supporting the OSCE’s concept of common, comprehensive and indivisible
security, which addresses the human, economic, political and military dimensions of
security as an integral whole,
4.
Stressing that the Helsinki Final Act, the Paris Charter and subsequent jointly agreed
OSCE documents reflect the shared values and commitments of the 56 participating
States of the OSCE and should remain the foundation for their work,
5.
Underlining the importance of applying the OSCE principles in a consistent manner and
in keeping with international law,
6.
Recognising the indispensable contribution of the OSCE to the establishment of unique
arms control and confidence-building regimes in its region,
7.
Noting with concern the persistence of unresolved conflicts on the territories of OSCE
participating States, which threaten the observance of the OSCE principles and have an
impact on regional and international peace and stability,
8.
Convinced that overcoming mistrust and improving overall security in the OSCE area can
be possible only through dialogue and equal concern for the interests of all participating
States,
The OSCE Parliamentary Assembly:
9.
Urges participating States to implement fully and in good faith all of their OSCE
commitments in all three dimensions, without prioritising one set of issues at the expense
of another, which is crucial for the sustainability of co-operative security from Vancouver
to Vladivostok;
10.
Undertakes to intensify its efforts to promote the climate of confidence, trust and
co-operation among the OSCE participating States with a view to upholding OSCE
26
commitments, strengthening comprehensive and indivisible security and contributing
toward conflict settlement;
11.
Supports all efforts to achieve a comprehensive political settlement of unresolved
conflicts, on the basis of the strict observance of the norms and principles of international
law;
12.
Calls on participating States to take action to safeguard the full implementation of the
arms control and confidence-building regimes negotiated within the OSCE framework.
27
RESOLUTION ON
LABOUR MIGRATION IN CENTRAL ASIA
1.
Stressing the importance of regional co-operation on issues like migration management in
the OSCE,
2.
Noting the commitments made by States in this field within the framework of the OSCE,
3.
Welcoming the role of parliamentarians from Central Asia in ensuring regional
co-operation in the field of migration,
4.
Reaffirming the important contribution labour migrants make to host societies,
5.
Stressing the importance of ensuring that the rights of migrants in OSCE participating
States are reflected in national efforts to combat illegal migration and terrorism,
6.
Noting the impact of the financial crisis on the region, including on remittance levels and
levels of social stability and on migratory flows in many regions of the OSCE, and in
particular in Central Asia,
7.
Regretting the incidents of hate crime in OSCE participating States hosting large numbers
of labour migrants,
8.
Acknowledging the existing OSCE border management projects in the region and the
contributions being made to support national efforts in this field,
9.
Noting the OSCE PA regional parliamentary seminar held in April 2009 on labour
migration in Central Asia, hosted by the Parliament of Tajikistan,
10.
Recognising the important work done by the OSCE field missions in Central Asia in
assisting participating States in meeting their OSCE commitments,
The OSCE Parliamentary Assembly:
11.
Undertakes to further promote regional co-operation through the participation of
parliaments in Central Asia in the activities of the OSCE;
12.
Encourages participating States to co-operate with the relevant OSCE institutions, and
other international organisations in the field of labour migration, ensuring respect for
human rights in managing migration flows in the region;
13.
Encourages continued legislative reform and harmonisation in Central Asia to ensure
co-ordinated regional policies in this field;
28
14.
Supports the contribution the OSCE and other international organisations are making in
helping national governments in the region to establish good border management
practices;
15.
Calls on participating States to continue co-operation in the area of information exchange
and policy co-ordination in the field of labour migration;
16.
Recommends that participating States work to improve the public image of labour
migrants and the contributions they make to host societies, in the national media;
17.
Calls on participating States to actively combat trafficking in human beings in migration
flows;
18.
Recommends that participating States continue regional legislative efforts to improve the
free movement of people across national borders.
29
RESOLUTION ON
ENERGY SECURITY
1.
Recognising mutual interdependence in the field of energy and the need for
common actions enhancing security of energy supply and responding to potential
crises,
2.
Emphasising the importance to energy security of diversification of energy supply
sources, markets and transit routes,
3.
Underlining the importance of coping with the challenges related to climate
change on a global level,
4.
Acknowledging that renewable energy is a key element in the supply of
sustainable energy and has major implications for the fight against climate change
and the reduction of carbon emissions,
5.
Stressing the need for common rules in the field of international energy
co-operation,
The OSCE Parliamentary Assembly:
6.
Emphasises the need for strengthening co-operation and balancing the interests of
energy producers, consumers and transit countries with the aim of promoting
market-based principles in the global energy dialogue;
7.
Underlines that international energy dialogue should be based on the principles of
transparency, mutual confidence, reciprocity, non-discrimination and freedom of
access to transit routes as provided in the Energy Charter Treaty;
8.
Urges participating States to participate fully in the Extractive Industries
Transparency Initiative;
9.
Stresses the importance of developing new energy supply corridors with the aim of
diversifying energy security sources thus enhancing competition in the OSCE area
and increasing the reliability of energy supply and demand;
10.
Emphasises the need to develop liquefied natural gas technologies with the aim of
moving towards an international gas market;
11.
Underlines that energy infrastructure projects should be implemented according to
the requirements of the 1991 Espoo Convention on Environmental Impact
Assessment in a Transboundary Context and other related international
conventions, taking into consideration all environmental risks;
30
12.
Calls for an increase in the share in the energy mix of climate friendly energy,
including nuclear energy, renewables and energy efficiency, with the aim of
reducing global energy security risks, fighting climate change and diminishing
dependency on depleting fossil fuels;
13.
Urges OSCE participating States to participate fully in the Climate Change
Conference in Copenhagen, Denmark, in December 2009, with a view to
establishing effective international standards which significantly reduce
greenhouse gas emissions;
14.
Stresses the necessity of sharing experience in the field of modern energy
technologies and best practices in developing renewable energy and energy
efficiency, including co-operation in research and development;
15.
Emphasises the importance of further development of peaceful nuclear energy in
accordance with established international nuclear safety standards and in line with
provisions of international conventions on nuclear safety, security, safeguards and
verification.
31
RESOLUTION ON
ENERGY CO-OPERATION
1.
Reaffirming the 2008 OSCE Parliamentary Assembly Astana Declaration on the
importance of energy efficiency, renewable energies and energy savings,
2.
Recalling that the Parliamentary Assembly in Astana called on participating States to
commit themselves to a global energy transformation,
3.
Reaffirming the 2007 OSCE Parliamentary Assembly Kyiv Declaration, which stressed
the need to further promote renewable energy sources,
4.
Recalling that the Parliamentary Assembly in Kyiv urged participating States, among
other things, to develop measures aimed at increasing energy saving and efficiency in
households, industry, transport and services,
5.
Reaffirming the 2006 OSCE Parliamentary Assembly Brussels Declaration which urged
participating States to foster co-operation on energy,
6.
Recalling the special significance and the special potential of co-operation with civil
society in the OSCE,
7.
Recalling that NGOs and other civil society stakeholders play a central role on the path to
renewable energies, energy efficiency and energy savings, and that without an active civil
society a global energy transformation will not be possible,
The OSCE Parliamentary Assembly:
8.
Calls upon participating States to create fora for the activities of independent civil society
in the energy sector;
9.
Calls upon participating States to develop measures and initiatives, in co-operation with
civil society, to inform and educate people about renewable energies, energy efficiency
and energy saving;
10.
Recommends that the Co-ordinator of OSCE Economic and Environmental Activities and
the OSCE field missions carry out activities which promote a change of culture in the
OSCE towards a global energy transformation and which support the work carried out by
civil society and the independent media in this area;
11.
Recommends that an OSCE conference be held, bringing together participating States
and civil society stakeholders to assess progress and challenges on the path to an energy
transformation and to compile best practices on the provision of information and
education about renewable energies, energy efficiency and energy saving.
32
RESOLUTION ON
CLIMATE CHANGE
1.
Recognising that unless climate change is prevented it may lead to problems related to
the rise of water levels, natural disasters, food production, water supply and migration,
2.
Noting that investment in renewable energy and in energy-efficient technology not only
contributes to solving climate issues, but may also be a security gain since diversifying
energy sources and decreasing dependence on fossil fuels contribute to energy security,
3.
Realising that climate change is a common security problem that requires global
co-operation to be solved,
4.
Recognising that the United Nations Framework Convention on Climate Change (UNFCCC)
plays the leading role with respect to international climate change and taking note of the
upcoming Fifteenth Conference of the Parties (COP) to UNFCCC to be held in Copenhagen
in December 2009,
The OSCE Parliamentary Assembly:
5.
Stresses that the climate challenge should not be given a lower priority in a long-term
perspective owing to the financial crisis than other challenges that may seem more urgent
on a short-term basis;
6.
Encourages rich countries, which so far have contributed the greatest proportion of
CO2 emissions, to accept the greater part of the responsibility and cover the expenses
resulting from reducing emissions, both by reducing their own emissions and by
contributing additional funding to developing countries as agreed at the COP 13 in Bali;
7.
Urges countries experiencing great economic growth, which are likely to contribute to a
great deal of total CO2 emissions in the future, to ensure that this growth takes place in a
sustainable and climate-friendly manner;
8.
Calls on all OSCE participating States that have not yet signed the Kyoto Protocol to sign
and ratify the protocol as soon as possible and to start engaging in the reduction of CO2
emissions before 2012;
9.
Urges all OSCE participating States that have already signed the Kyoto Protocol to
maintain their ambition and work to reach the agreed reductions of CO2 emissions before
2012;
10.
Further calls on all countries and governments to work specifically to reach an ambitious
international agreement on climate in Copenhagen at the COP 15, and calls for the
agreement to contain binding targets for the reduction of greenhouse gases in the short
and long term to ensure that the global increase of temperature stays below 2˚ Celsius.
33
RESOLUTION ON
TAX HAVENS
1.
Recalling the damage caused by tax havens to the economies of participating States
including:
a. the loss of tax revenues due to fraud and tax evasion;
b. the increased risk of destabilising the world financial system caused by flaws in
regulation;
c. the opportunities for financial crime, money laundering and the financing of
terrorism,
2.
Welcoming the proposals on tax havens in the text adopted by the European Union
Member States at the European Council on 19 and 20 March 2009 with a view to the G20 Summit in London,
3.
Noting with satisfaction the publication by the Organisation for Economic Co-operation
and Development (OECD) of a List of Unco-operative Tax Havens,
4.
Praising the declaration issued by the G-20 Summit in London on 2 April 2009
concerning tax havens and unco-operative jurisdictions,
The OSCE Parliamentary Assembly:
5.
Supports the measures recommended in the declaration issued by the G-20 in April 2009;
6.
Underlines the need to strengthen co-operation between participating States and the
international financial institutions on this question;
7.
Encourages improved co-operation between the OECD, the Financial Action Task Force
and the Financial Stability Forum in order to avoid regulatory loopholes;
8.
Urges participating States to establish common criteria for defining an unco-operative
jurisdiction;
9.
Recommends that participating States establish measures aimed at obtaining complete
transparency in unco-operative jurisdictions and the eventual abolition of tax havens;
10.
Suggests that it be made compulsory to declare any financial transaction with an
unco-operative jurisdiction;
11.
Recommends that the repatriation of assets and incomes from unco-operative
jurisdictions be authorised, without penalty but without a tax amnesty;
34
12.
Suggests that a specific tax be introduced on transactions involving unco-operative
jurisdictions.
35
RESOLUTION ON
MEDITERRANEAN FREE TRADE
1.
Reiterating the fundamental importance of the economic dimension of the OSCE’s
comprehensive approach to security, which acknowledges the relationship between
economic growth and peace or stability,
2.
Recalling the Helsinki Final Act of 1975, in which OSCE participating States expressed
their intention “to encourage with the non-participating Mediterranean States the
development of mutually beneficial co-operation in the various fields of economic
activity” and to “contribute to a diversified development of the economies of the nonparticipating Mediterranean countries”,
3.
Recalling the Helsinki Final Act, in which OSCE participating States recognised “the
importance of bilateral and multilateral intergovernmental and other agreements for the
long-term development of trade” and undertook “to reduce or progressively eliminate all
kinds of obstacles to the development of trade”,
4.
Recalling the importance that the OSCE Parliamentary Assembly accords to the
development of international trade, as underlined by the Assembly’s seventh economic
conference on the theme of The World Financial Crisis, held in Dublin, Ireland in May
2009,
5.
Expressing support for the Barcelona Declaration of 1995 regarding the establishment of
a free trade area between the Member States of the European Union and all
Mediterranean States by 2010,
6.
Recalling the OSCE PA’s 2008 Astana Declaration and the resolution it adopted on
Mediterranean free trade,
7.
Concerned at the slow pace of economic development in the Middle East, especially in
the agriculture sector and the knowledge-based economy, where two thirds of the
population is under the age of 35,
8.
Further concerned about the impact of the current global financial crisis on the economies
of the Mediterranean area, whereby commodity prices have fallen significantly, export
demands have weakened, finances have been strained, and tourism to the region has
declined,
The OSCE Parliamentary Assembly:
9.
Asserts that the creation of a free trade area will, inter alia, contribute significantly to the
efforts to achieve peace in the Mediterranean region;
36
10.
Expresses its support for the European Union’s Mediterranean Union Initiative and the
declaration of July 2008 adopted at the Paris Summit which set out, among others, such
priorities as Alternative Energies and a Mediterranean Solar Plan, a Euro-Mediterranean
University, and the Mediterranean Business Development Initiative;
11.
Welcomes the initiatives of other participating States and their support for the promotion
of free trade and investment in the Mediterranean area, including, as reported in the
Astana Follow-Up Report, the United Kingdom, the American Middle East Free Trade
Area Initiative (MEFTA) launched in 2003, Canada’s recently concluded negotiations for
a Free Trade Agreement with the Hashemite Kingdom of Jordan, and Canada’s
exploratory discussions with Morocco towards a possible Free Trade Agreement;
12.
Reiterates its recommendation contained in the 2008 Astana Declaration that a
Mediterranean Economic Commission be established with the aim of quickly reducing
trade barriers and facilitating the transition to a knowledge-based economy in the
countries of the region;
13.
Also reiterates its recommendation contained in the 2008 Astana Declaration that a
Mediterranean Agricultural Marketing Board be established with the aim of creating jobs
in the agriculture sector for young people in the region;
14.
Encourages participating States and Partner States for Co-operation to intensify their
efforts under the Barcelona Process in order to expedite the establishment of a free-trade
area among all Mediterranean countries.
37
RESOLUTION ON
FREEDOM OF EXPRESSION ON THE INTERNET
1.
Affirming the fundamental human right, recognised in the Universal Declaration of
Human Rights and the International Covenant on Civil and Political Rights, to freedom of
expression, including the right to hold opinions without interference and to seek, receive
and impart information and ideas of all kinds, regardless of frontiers, through any media,
2.
Reaffirming the words agreed by participating States in the 1975 Helsinki Final Act
regarding “the importance of the dissemination of information from the other
participating States” and the aim thereby undertaken “to facilitate the freer and wider
dissemination of information of all kinds” and “to encourage co-operation in the field of
information and the exchange of information with other countries”,
3.
Reaffirming the commitment made by the participating States in the 1989 Vienna
Concluding Document that they would ensure that individuals can freely choose their
sources of information and would take every opportunity offered by modern means of
communication to increase the freer and wider dissemination of information of all kinds,
4.
Reaffirming the Charter for European Security, adopted in Istanbul in 1999, according to
which participating States committed themselves to taking all necessary steps to ensure
the basic conditions for unimpeded transborder and intra-State flow of information,
5.
Aware of the determination of repressive States to censor, block and surveil the free flow
of information on the Internet, including information and communications originating in
participating States,
6.
Further aware that information and communications technology companies have
co-operated with repressive States in Internet censorship, blocking and surveillance by
selling and servicing information and communications technology and know-how that
enables repressive States to censor and block the Internet and transform it into a tool for
surveillance,
7.
Further aware that information on Internet users provided to repressive States by
information and communications technology companies has enabled repressive States to
identify and persecute individuals for the peaceful expression of political, religious and
ideological opinion and belief,
The OSCE Parliamentary Assembly:
8.
Urges participating States to promote the right of every individual to freedom of opinion
and expression, and the right to seek, receive, and impart information and ideas relating
to political, religious, or ideological opinion or belief on the Internet, without interference
and regardless of frontiers;
38
9.
Urges participating States to use appropriate policy instruments to promote values,
principles and practices that promote the free flow of information and ideas relating to
political, religious or ideological opinion or belief on the Internet;
10.
Calls on participating States to adopt measures to deter information and communications
technology companies from directly and materially co-operating with repressive States in
censoring, blocking or surveilling the free flow of information and ideas relating to
political, religious or ideological opinion or belief on the Internet;
11.
Calls on participating States to communicate to repressive States, including participating
States, their concerns about government actions aimed at censoring, blocking or
surveilling the free flow of information and ideas relating to political, religious or
ideological opinion or belief on the Internet;
12.
Requests that the OSCE Representative on Freedom of the Media monitor the policies
and practices of participating States regarding the free flow of information and ideas
relating to political, religious or ideological opinion or belief on the Internet, including
Internet censorship, blocking and surveillance;
13.
Requests that the OSCE Chair-in-Office draw additional attention to the issue of Internet
censorship, blocking and surveillance by convening a Supplementary Human Dimension
Meeting or similar meeting focused on these and related issues.
39
RESOLUTION ON
WATER MANAGEMENT IN THE OSCE AREA
1.
Reaffirming the OSCE’s comprehensive approach to security that includes the politicomilitary, economic, environmental and human dimensions,
2.
Recalling the OSCE’s role in encouraging sustainable environmental policies that
promote peace and stability, specifically the 1975 Helsinki Final Act, the 1990
Concluding Document of the CSCE Conference on Economic Co-operation in Europe
(Bonn Document), the 1999 Charter for European Security adopted at the Istanbul
Summit, the 2003 OSCE Strategy Document for the Economic and Environmental
Dimension (Maastricht Strategy), other OSCE relevant documents and decisions
regarding environmental issues, and the outcome of all previous Economic and
Environmental Fora, which have established a basis for the OSCE’s work in the area of
environment and security,
3.
Recognising that water is of vital importance to human life and that it is an element of the
human right to life and dignity,
4.
Alarmed by the fact that almost one billion people in the world lack access to safe
drinking water, and that two out of every five people live without basic sanitation
services, contributing to more than 2 million deaths every year,
5.
Recalling that the United Nations Millennium Development Goal 7 (Ensure
Environmental Sustainability), Target 3, calls on the nations of the world to work towards
halving, by 2015, the proportion of the population without sustainable access to safe
drinking water and basic sanitation,
6.
Noting the ongoing severity of water management issues and the scarcity of water
resources faced by many States in the OSCE region, affected in particular by unregulated
social and economic activities, including urban development, industry, and agriculture,
and which continue to have an impact on human health, the environment, the
sustainability of biodiversity and aquatic and land-based eco-systems, and affect political
and socio-economic development,
7.
Concerned at the ongoing situation whereby certain areas and people in the pan-European
and North American region of the OSCE area lack access to safe drinking water and
adequate sanitation,
8.
Recalling the OSCE’s Madrid Declaration on Environment and Security adopted at the
2007 Ministerial Council, which draws attention to water management as an
environmental risk which may have a substantial impact on security in the OSCE region
and which might be more effectively addressed within the framework of multilateral
co-operation,
40
9.
Hailing the work of the OSCE Economic and Environmental Forum in raising awareness
of water management issues and promoting regional co-operation throughout the OSCE
area, including in South-Eastern Europe, South Caucasus and Central Asia,
10.
Hailing the achievements of the OSCE project on “South Caucasus River Monitoring”,
which concluded in February 2009 after six years during which it introduced new
parameters for water quality monitoring, harmonised sampling and testing
methodologies, trained local staff and established data sharing systems accessible to all
partners via the Internet in Armenia, Azerbaijan and Georgia,
11.
Recalling the OSCE PA’s 2008 Astana Declaration and the resolution it adopted on water
management,
12.
Hailing the follow-up report on the 2008 Astana Declaration which highlighted initiatives
undertaken by Belarus, Hungary, Italy, Lithuania, the Russian Federation, and the United
States of America to improve water management practices,
13.
Hailing the numerous national and international reports and scientific studies on water
management that generate knowledge and inform sound policy development,
The OSCE Parliamentary Assembly:
14.
Calls on participating States to address the question of sustainable access to clean water
and sanitation globally, in particular given that sustainable access to clean water and
sanitation are effective deterrents to infectious diseases;
15.
Calls on participating States to undertake sound water management to support sustainable
environmental policies and to apply the measures necessary to implement the 2007
Madrid Declaration on Environment and Security;
16.
Expresses support for the ongoing work and commitment of the Office of the
Co-ordinator of OSCE Economic and Environmental Activities in raising awareness of
water management challenges and promoting opportunities for participating States to
exchange best practices, including its projects in Georgia, Moldova, Tajikistan,
Turkmenistan and Uzbekistan;
17.
Encourages the decision-making bodies of the OSCE to continue to set a direction on
water management challenges and support the activities of the Office of the Co-ordinator
of OSCE Economic and Environmental Activities and OSCE field presences that raise
awareness of water management challenges in the OSCE area and identify
environmentally sustainable solutions;
18.
Expresses support for the Environment and Security Initiative, which brings together the
United Nations Development Programme, the United Nations Environmental Programme,
the OSCE, NATO, the United Nations Economic Commission in Europe, and the
41
Regional Environmental Centre for Central and Eastern Europe, to assess environmental
challenges, including those relating to water resource management, and to implement
projects that raise awareness of these challenges, build capacities and strengthen
institutions in order to address them;
19.
Encourages OSCE participating States to continue their work with other regional and
international institutions and organisations with respect to water management solutions;
20.
Supports the establishment of regional and cross-border co-operative activities between
scientists and specialists who work to share technologies and best practices, develop
country-specific water strategies and expertise, mitigate shared water challenges, foster
international co-operation and defuse cross-border tensions.
42
RESOLUTION ON
EUROPEAN UNION SEAL PRODUCTS BAN
1.
Reaffirming the OSCE’s comprehensive approach to security, which includes the
politico-military, economic, environmental and human dimensions, and which has been
documented in, inter alia, the 1975 Helsinki Final Act, the 1989 Vienna Document, the
1990 Copenhagen Document and the1992 Helsinki Document,
2.
Reaffirming the importance of trade for economic growth, political stability and
international peace,
3.
Recalling the commitments made by the participating States at the Maastricht Ministerial
Council in December 2003 regarding the liberalisation of trade and the elimination of
barriers limiting market access,
4.
Recalling the importance that the OSCE Parliamentary Assembly accords to the
development of international trade as underlined by the Assembly’s Fifth Economic
Conference on the theme of “Strengthening Stability and Co-operation through
International Trade” held in Andorra in May 2007 and its concern for the social and
humanitarian consequences of economic disruptions which leave many vulnerable
populations with limited options for economic gain as raised at the Assembly’s Sixth
Economic Conference on the theme of “The World Financial Crisis” held in Dublin,
Ireland, in May 2009,
5.
Noting the importance the OSCE and the Office of the Co-ordinator of OSCE Economic
and Environmental Activities place on the role of small and medium-sized enterprises in
promoting economic prosperity and sustaining economic opportunities as evident in its
activities and those of OSCE field operations in enhancing the development of small and
medium-sized enterprises and generating opportunities for vulnerable population groups,
6.
Concerned at the persistence of trade barriers among participating States, which limit
opportunities for greater economic growth and human development, harming in particular
small and medium-sized enterprises,
7.
Reiterating in particular the commitments made by the participating States at the G-20
London Summit of 2009 regarding protectionism and the promotion of global trade and
investment,
8.
Concerned that raising new barriers to investment or to trade in goods and services or
implementing measures inconsistent with World Trade Organization (WTO) rules will
hinder the global economic recovery efforts,
9.
Reaffirming that a comprehensive approach to security and the promotion of trade
liberalisation are central to strengthening the potential of, and overcoming the economic
43
challenges facing, inhabitants of remote coastal communities who depend on sealing for
economic gain,
10.
Recalling the 1999 Charter for European Security, which confirms the OSCE as an
inclusive and comprehensive organisation for consultation, decision-making and cooperation in its region,
11.
Stressing the wide range of values shared by the United Nations and the OSCE including
human rights and minority rights, tolerance and non-discrimination, and the rule of law,
12.
Recalling the United Nations International Covenant on Economic, Social and Cultural
Rights, which affirms the right to an adequate standard of living,
13.
Welcoming national-level commitments and standards that respect the traditional
lifestyles of aboriginal peoples,
14.
Also welcoming national-level commitments and standards that respect animal welfare,
15.
Hailing the work of the international community in supporting the development of animal
welfare standards in sealing,
16.
Taking note of the principles espoused by the International Union for Conservation of
Nature (IUCN) to facilitate the conservation of the integrity and diversity of nature and to
ensure that the use of natural resources is equitable and ecologically sustainable, making
the best decisions based on good science and involving all types of people and
organisations,
17.
Noting that both the Independent Veterinarians Working Group, sponsored by the World
Wildlife Fund, and the European Food Safety Authority, the organisation commissioned
by the European Commission to study animal welfare aspects of sealing, have concluded
that sealing can be undertaken both safely and humanely,
18.
Concerned that unilateral attempts to regulate this issue undermine international
co-operation, and present additional challenges for the people of remote coastal
communities in sealing nations in their daily lives, who are vulnerable owing to limited
options for economic prosperity,
19.
Welcoming the commitment of sealing nations to work together to develop international
standards for animal welfare in sealing,
20.
Paying tribute to Inuit people in the defence of their traditions and the efforts made to
build their communities and economic sustainability in challenging commercial
conditions,
21.
Noting that the United Nations Permanent Forum on Indigenous Issues recognises the
harm that the recent decision of the European Parliament regarding the seal product
44
import ban may cause Inuit in the Arctic and calls upon the European Union to rescind
this import ban and, failing that, to enter into direct and meaningful dialogue with the
Inuit,
The OSCE Parliamentary Assembly:
22.
Calls on the governments of participating States to meet their full commitment with
respect to international declarations and obligations, regarding trade liberalisation,
promotion of economic development and the respect for rights of minorities, including
those of the United Nations, the OSCE, the World Trade Organization and the G-20
London Summit;
23.
Vigorously supports the fight against protectionism and barriers to trade and encourages
continued cooperation among participating States;
24.
Welcomes and supports active dialogue for identifying and pursuing elements of possible
agreement, mutual interest and concession whenever divisions occur, in order to
strengthen the principle of consultation and mutual respect as the foundation of relations
among nations;
25.
Calls on the European Union and the Governments of the individual Member States to
co-operate with the governments of sealing nations and recognise the humane standards
employed in sealing already established through rigorous scientific advice and
government regulation;
26.
Calls on the Member States of the European Union to enter into direct and meaningful
dialogue with the Inuit to discuss issues pertaining to sealing and the difficulties posed by
restrictions on trade in seal products;
27.
Encourages participating States to pursue additional efforts to support the development of
international standards for sealing;
28.
Encourages the national parliaments of participating States to impress upon their
governments the need to co-operate internationally to educate people in humane
standards for sealing;
29.
Offers its unconditional support to the North Atlantic Marine Mammal Commission in its
efforts to research and define best practices in the hunting of seals;
30.
Recommends that the OSCE’s Economic and Environmental Forum study, in the manner
it deems appropriate, including parliamentary exchanges, the terms and conditions for an
intensification of co-operation between interested parties in support of the sealing
industry around the world.
45
RESOLUTION ON
PROTECTING UNACCOMPANIED MINORS AND
COMBATING THE PHENOMENON OF CHILD BEGGING
1.
Emphasising that one of the pillars of the Helsinki Final Act of the Paris Charter is the
protection of human rights, an issue that has always been at the heart of the Parliamentary
Assembly’s work,
2.
Recognising that such rights need to be guaranteed first and foremost for the most
vulnerable members of society, who are more easily subjected to violence and
deprivation,
3.
Considering that children, who are unable to defend themselves, are amongst the most
vulnerable subjects,
4.
Recalling that 2009 marks the twentieth anniversary of the United Nations Convention on
the Rights of the Child, and the fifteenth anniversary of the Declaration of the Rights of
the Child, and that such occasions provide an opportunity for OSCE participating States
to renew their commitment to protecting children’s rights,
5.
Welcoming United Nations General Assembly resolution 63/241 on the rights of the
child,
6.
Noting that in many European countries illegal migration is almost always managed by
organised crime,
7.
Acknowledging that such migration affects all age brackets and involves men, women
and children,
8.
Recognising that it is often difficult to identify illegal migrants, given that they seldom
have a passport,
9.
Condemning the practice as a whole, particularly as it almost always stems from
situations of suffering and leads to exploitation,
10.
Noting that illegal migration is all the more unacceptable when it involves children who –
especially if unidentified – become “shadow children” who are not registered and thus
evade all checks which would safeguard their social and educational development,
11.
Considering that in many European countries no population register exists, and that this
constitutes yet another potential source of abuse and exploitation,
12.
Considering that the phenomenon of the number of foreign unaccompanied minors is
constantly growing; that they are a particularly vulnerable group; and that specific
46
attention should be focused on the risks they run of being exploited or even of going
missing,
13.
Recognising that there are daily news reports of children, including the very young, being
exploited as part of begging rackets, and aware that this is a lucrative activity operated by
national and international criminal organisations,
14.
Noting that there are many international instruments in place, primarily the United
Nations New York Convention of 1989 that requires governments to implement the
necessary initiatives to register a child immediately after birth, after which the child has
the right to a name (art. 7); to allow for the physical, mental, spiritual, moral and social
development of the child, who must have the appropriate standards of living for
development (art. 27); and to protect the child from all forms of economic and sexual
exploitation (art. 32 and 34),
The OSCE Parliamentary Assembly:
15.
Considers the protection of minors to be an OSCE priority;
16.
Reiterates the commitment to safeguard the human rights of the child as enshrined in the
New York Convention of 1989;
17.
Urges participating States to ratify as soon as possible the United Nations Conventions
and optional Protocols and the Council of Europe Convention on Action against
Trafficking in Human Beings signed in Warsaw on 16 May 2005;
18.
Recognises the importance of holding regular hearings with NGOs and international
organisations involved in the protection of human rights, including Save the Children, the
United Nations Children’s Fund (UNICEF), the Red Cross, the International
Organization for Migration (IOM), and the United Nations High Commissioner for
Refugees (UNHCR), in order to be constantly kept up to date with events in the European
and international sphere;
19.
Believes that an OSCE representative with observer status should be present at all
international fora dealing with protecting the rights of children and adolescents, a topic
which underpins the protection of human rights;
20.
Believes it is necessary for governments to examine the possibility of creating a
European guarantor for the rights of the child, which exists in some but not all European
countries, given that the exploitation of children has now transcended national
boundaries;
21.
Calls on participating States to introduce the legislation necessary to ensure the protection
of unaccompanied minors and to combat the phenomenon of child begging.
47
RESOLUTION ON
DIVIDED EUROPE REUNITED:
PROMOTING HUMAN RIGHTS AND CIVIL LIBERTIES
IN THE OSCE REGION IN THE 21st CENTURY
1.
Recalling the United Nations Universal Declaration of Human Rights, the Helsinki Final
Act and the European Charter of Fundamental Rights,
2.
Taking into account the developments that have taken place in the OSCE area in the
20 years since the fall of the Berlin Wall and the Iron Curtain,
3.
Noting that in the twentieth century European countries experienced two major
totalitarian regimes, Nazi and Stalinist, which brought about genocide, violations of
human rights and freedoms, war crimes and crimes against humanity,
4.
Acknowledging the uniqueness of the Holocaust, reminding participating States of its
impact and the continued acts of anti-Semitism occurring throughout the 56-nation OSCE
region, and strongly encouraging the vigorous implementation of the resolutions on antiSemitism adopted unanimously by the OSCE Parliamentary Assembly since the
2002 Annual Session in Berlin,
5.
Reminding the OSCE participating States of their commitment “to clearly and
unequivocally condemn totalitarianism” (1990 Copenhagen Document),
6.
Recalling that awareness of history helps to prevent the recurrence of similar crimes in
the future, and that an honest and thorough debate on history will facilitate reconciliation
based on truth and remembrance,
7.
Aware that the transition from communist dictatorships to democracy cannot take place in
one day, and that it also has to take into account the historical and cultural backgrounds
of the countries concerned,
8.
Emphasising, however, that it is the obligation of governments and all sectors of society
to strive tirelessly towards achieving a truly democratic system that fully respects human
rights, without making differences in political culture and tradition a pretext for the nonimplementation of commitments,
9.
Deploring that in many countries, including some with long-standing democratic
traditions, civil liberties are in renewed danger, often because of measures taken to
counter so-called “new threats”,
10.
Recalling the initiative of the European Parliament to proclaim 23 August, when the
Ribbentrop–Molotov Pact was signed 70 years ago, as a Europe-wide Day of
Remembrance for Victims of Stalinism and Nazism, in order to preserve the memory of
the victims of mass deportations and exterminations,
48
The OSCE Parliamentary Assembly:
11.
Reconfirms its united stand against all totalitarian rule from whatever ideological
background;
12.
Calls on participating States to honour and implement all commitments undertaken in
good faith;
13.
Urges the participating States:
a. to continue research into and raise public awareness of the totalitarian legacy;
b. to develop and improve educational tools, programmes and activities, most notably
for younger generations, on totalitarian history, human dignity, human rights and
fundamental freedoms, pluralism, democracy and tolerance;
c. to promote and support activities of NGOs which are engaged in areas of research and
raising public awareness about crimes committed by totalitarian regimes;
14.
Requests governments and parliaments of participating States to ensure that any
governmental structures and patterns of behaviour that resist full democratisation or
perpetuate, or embellish, or seek a return to, or extend into the future, totalitarian rule are
fully dismantled;
15.
Further requests governments and parliaments of participating States to fully dismantle
all structures and patterns of behaviour that have their roots in abusing human rights;
16.
Reiterates its call upon all participating States to open their historical and political
archives;
17.
Expresses deep concern at the glorification of the totalitarian regimes, including the
holding of public demonstrations glorifying the Nazi or Stalinist past, as well as the
possible spread and strengthening of various extremist movements and groups, including
neo-Nazis and skinheads;
18.
Calls upon participating States to pursue policies against xenophobia and aggressive
nationalism and take more effective measures to combat these phenomena;
19.
Asks for a greater respect in all participating States for human rights and civil liberties,
even in difficult times of terrorist threats, economic crisis, ecological disasters and mass
migration.
49
RESOLUTION ON
A MORATORIUM ON THE DEATH PENALTY
AND TOWARDS ITS ABOLITION
1.
Recalling the Resolution on Abolition of the Death Penalty adopted in Paris at the Tenth
Annual Session in July 2001,
2.
Recalling the Resolution on The Prisoners Detained by the United States at the
Guantánamo Base adopted in Rotterdam at the Twelfth Annual Session in July 2003,
which “underlining the importance of the defence of democratic rights, not least
confronted with terrorism and other undemocratic methods,” urged the United States of
America to “refrain from the use of the death penalty”,
3.
Recalling the Resolution on Strengthening Effective Parliamentary Oversight of Security
and Intelligence Agencies, adopted in Brussels at the Fifteenth Annual Session in July
2006, which expressed alarm at “certain practices which violate most fundamental human
rights and freedoms and are contrary to international human rights treaties, which form
the cornerstone of post-World War II human rights protection” including “extradition to
countries likely to apply the death penalty or use torture or ill-treatment, and detention
and harassment on the grounds of political or religious activity”,
4.
Recalling the Resolution on the implementation of OSCE commitments adopted in Kyiv
at the Sixteenth Annual Session in July 2007, which “reaffirms the value of human life
and calls for the abolition in the participating States of the death penalty, replacing it with
more just and humane means of delivering justice”,
5.
Noting that, on 18 December 2007, the United Nations General Assembly adopted the
historic resolution 62/149 calling for a worldwide moratorium on executions with a view
to abolishing the death penalty, which was adopted by an overwhelming majority, with
104 United Nations member States in favour, 54 countries against and 29 countries
abstaining,
6.
Noting that resolution 63/168 on the implementation of the 2007 General Assembly
resolution 62/149 was adopted by the United Nations General Assembly on 18 December
2008, with 106 votes in favour, 46 against and 34 abstentions,
7.
Recalling the inclusion of the issue of capital punishment in the catalogue of OSCE
human dimension commitments by the 1989 Vienna Concluding Document and the 1990
Copenhagen Document,
8.
Recalling paragraph 100 of the St. Petersburg Declaration of the OSCE Parliamentary
Assembly of 1999 and paragraph 119 of the Bucharest Declaration of the OSCE
Parliamentary Assembly of 2000,
50
9.
Noting that the death penalty is an inhuman and degrading punishment, an act of torture
unacceptable to States respecting human rights,
10.
Noting that the death penalty is a discriminatory and arbitrary punishment and that its
application has no effect on trends in violent crime,
11.
Noting that, in view of the fallibility of human justice, recourse to the death penalty
inevitably carries a risk that innocent people may be killed,
12.
Recalling the provisions of Protocol No. 6 of the European Convention for the Protection
of Human Rights and Fundamental Freedoms, which prohibits Council of Europe
Member States from applying the death penalty,
13.
Recalling the provisions of the Second Optional Protocol to the International Covenant
on Civil and Political Rights of 1989, and the World Conference on Capital Punishment
held in Strasbourg in 2001 as well as the Additional Protocol No. 6 to the European
Convention on the Protection of Human Rights and Fundamental Freedoms aiming at the
universal abolition of the death penalty,
14.
Noting that the 1998 Rome Statute excludes the death penalty, even though the
International Criminal Court, along with the International Criminal Tribunal for the
Former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court
for Sierra Leone, the Special Panels for Serious Crimes in Dili, Timor-Leste, and the
Extraordinary Chambers in the Courts of Cambodia, have jurisdiction over crimes against
humanity, genocide and war crimes,
15.
Noting that in October 2008 the European Union and the Council of Europe, in a joint
declaration, established a “European Day against the Death Penalty”,
16.
Recalling that at the OSCE Human Dimension Implementation Meetings in Warsaw, in
2006, 2007 and 2008, several civil society organisations, including Hands Off Cain,
Amnesty International, Penal Reform International, the World Coalition Against the
Death Penalty and the International Helsinki Federation for Human Rights, expressed
their support for the Resolutions on a global moratorium on the death penalty presented
to the United Nations General Assembly,
17.
Noting that 138 States in the world have abolished the death penalty de jure or de facto;
of which 92 States abolished it for any offence, 10 keep it only for exceptional crimes
such as those committed in wartime, and 36 have not carried out executions for at least
10 years or are committed to implementing a moratorium,
18.
Welcoming Georgia’s constitutional amendment regarding the complete abolition of the
death penalty, signed on 27 December 2006,
19.
Welcoming the abolition of the death penalty in Kyrgyzstan, as established by the new
article 14 of the Constitution, approved on 15 January 2007,
51
20.
Welcoming the abolition of the death penalty in Uzbekistan, with effect since 1 January
2008,
21.
Noting that in some OSCE participating States the death penalty is retained in law, but
that there is a moratorium on executions in Kazakhstan, the Russian Federation and
Tajikistan, while executions may be carried out during wartime in Latvia,
22.
Noting that an amendment of 21 May 2007 to the Constitution of the Republic of
Kazakhstan abolished the death penalty in all cases save for acts of terrorism entailing
loss of life and for especially grave crimes committed in wartime,
23.
Noting that within the OSCE only two of the 56 participating States nevertheless
continue to apply the death penalty,
24.
Deeply concerned about the fact that people are still being sentenced to death and
executions carried out in Belarus and in the United States of America,
25.
Noting that, according to the report published by Amnesty International in March 2009,
“Ending executions in Europe – Towards abolition of the death penalty in Belarus”, in
Belarus “there is credible evidence that torture and ill-treatment are used to extract
‘confessions’; condemned prisoners may not have access to effective appeal mechanisms;
and the inherently cruel, inhuman and degrading nature of the death penalty is
compounded for death row prisoners and their relatives by the secrecy surrounding the
death penalty. Neither prisoners nor their families are told the execution date in advance
and prisoners must live with the fear that every time their cell door opens they may be
taken for execution”,
26.
Noting that both the Parliamentary Assembly of the Council of Europe and the European
Union have repeatedly urged Belarus to abolish the death penalty,
27.
Noting that details about the death penalty in Belarus are secret and that, according to the
Criminal Executive Code, the death penalty is carried out in private by means of
shooting, the administration of the detention facility informs the judge about the
executions and the judge informs the relatives; the body of an executed person is not
given for burial to his or her relatives and the place of burial is not communicated,
28.
Noting that in Belarus capital punishment, under the Constitution, is an exceptional and
provisional measure to be taken only in extreme cases, and that Belarus has taken
substantial steps to limit the handing down of death sentences by halving the number of
articles in the Criminal Code that provide for imposition of the death penalty,
29.
Noting that, on 11 March 2004, the Constitutional Court stated that the abolition of the
death penalty, or as a first step, the introduction of a moratorium, could be enacted by the
head of state and by parliament,
52
30.
Noting that Belarus has failed to publish comprehensive statistics about the number of
death sentences passed and executions carried out, in contravention of its commitment as
a participating State of the OSCE to “make available to the public information regarding
the use of the death penalty” as stated in the Document approved at the Copenhagen
Meeting of the Conference on the Human Dimension of the CSCE, on 29 June 1990,
31.
Noting that, of the 50 states which make up the United States of America, 38 have the
death penalty, while four of them have not held executions since 1976, and federal law
provides for 42 offences which may be punished by death,
32.
Noting that in the United States of America the number of executions and death sentences
has significantly dropped in recent years and many states are considering adopting a
moratorium or its abolition, which reflects decreasing public support for the death
penalty,
33.
Welcoming the fact that some states, including Montana, New Jersey, New York and
North Carolina have moved against the death penalty through measures including a
moratorium on executions or its abolition,
34.
Noting that the United States Supreme Court has recently issued landmark judgements
that have put more safeguards in place and take into account evolving standards of
justice,
35.
Welcoming the decision by the Governor of New Mexico in March 2009 to ban capital
punishment in his state, as “inconsistent with basic American principles of justice, liberty
and equality”,
36.
Noting that, on 19 March 2009, a United States Senator introduced a “Federal Death
Penalty Abolition Act” to abolish the death penalty at the federal level,
The OSCE Parliamentary Assembly:
37.
Condemns all executions wherever they take place;
38.
Calls upon participating States applying the death penalty to declare an immediate
moratorium on executions;
39.
Encourages the participating States that have not abolished the death penalty to respect
safeguards protecting the rights of those facing the death penalty as laid down in the
United Nations Economic and Social Council Safeguards;
40.
Calls on Belarus to take immediate steps towards abolition of the death penalty by
promptly establishing a moratorium on all death sentences and executions with a view to
abolishing the death penalty as provided by the United Nations General Assembly
resolution 62/149, adopted on 18 December 2007, and resolution 63/168, adopted on 18
December 2008;
53
41.
Calls upon the Government of the United States of America to adopt a moratorium on
executions leading to the complete abolition of the death penalty in federal legislation
and to withdraw its reservation to Article 6(5) of the International Covenant on Civil and
Political Rights;
42.
Calls upon the Republic of Kazakhstan, with a view to the complete abolition of the death
penalty, to amend its Criminal Code in accordance with its constitutional amendment of 21
May 2007;
43.
Calls upon Latvia to amend its Criminal Code in order to abolish the death penalty for
murder with aggravating circumstances if committed during wartime;
44.
Calls upon the retentionist participating States to encourage ODIHR and OSCE Missions,
in co-operation with the Council of Europe, to conduct awareness-raising activities
against recourse to the death penalty, particularly with the media, law enforcement
officials, policy-makers and the general public;
45.
Further encourages the activities of NGOs working for the abolition of the death penalty.
54
RESOLUTION ON
MATERNAL MORTALITY
1.
Recognising that the World Health Organization’s Constitution notes that “the enjoyment
of the highest attainable standard of health is one of the fundamental rights of every
human being”,
2.
Aware that there has been no significant progress in achieving the fifth goal of the
Millennium Declaration of 2000 calling for a 75 per cent reduction in global maternal
mortality by 2015, which may negatively affect efforts to promote peace and sustainable
democracy, empower women and advance economic development globally,
3.
Noting that a mother’s death has a severe impact upon the lives and futures of children,
including daughters withdrawn from school to assume family responsibilities; detracts
from family income; and collectively weakens communities and perpetuates poverty
while undermining the right of women to full and equal participation and involvement in
civil society,
4.
Acknowledging the statement of July 2008 by the G-8 nations expressing support for a
comprehensive approach to reducing maternal and newborn mortality through
investments to improve access to quality medical care and to skilled birth attendants,
backed by access to emergency obstetric care, and to improving the health workforce,
health facilities and culturally appropriate referral systems and tools,
5.
Recognising the accompanying call by the G-8 in the Toyako Framework for Action that,
in order to make real and substantial progress towards improving maternal, reproductive
and child health, additional resources – from both domestic and international sources –
are needed if the health-related Millennium Development Goals are to be achieved,
6.
Aware that in September 2008 the United Nations announced the creation of a Task
Force, co-chaired by the British Prime Minister and the President of the World Bank, to
study ways to strengthen health systems in an effort to reduce the number of women who
die in pregnancy and childbirth, and which is due to present its recommendations, on
financing to strengthen health systems and pay for health care workers to potentially save
the lives of 10 million women and children by 2015, at the 2009 G-8 meeting in Italy,
The OSCE Parliamentary Assembly:
7.
Calls upon the participating States to make stronger and more consistent efforts to reduce
maternal mortality both at home and abroad through greater financial investment and
participation in global initiatives, particularly those geared toward regions where
mortality is highest, and encourages the United Nations, the World Bank and the
International Monetary Fund to remain seized of the matter.
55
RESOLUTION ON
GUIDELINES ON AID AND ASSISTANCE TO REFUGEES
1.
Given that the United Nations High Commissioner for Refugees (UNHCR) is the
international body responsible for providing protection and material assistance to
refugees throughout the world at international level in co-operation with affected States,
2.
Considering that the UNHCR has a network of headquarters in many countries, each
charged with participating alongside host country authorities in procedures to determine
refugee status, from which stem the relevant safeguards guaranteed by international law,
3.
Emphasising that all players on the international stage must work within the
United Nations to provide assistance to refugees in the aftermath of natural disasters,
armed conflict, civil war and persecution, promptly establishing areas for food and health
services on the ground,
4.
Believing that the main priority for refugees in the aftermath of natural disasters, armed
conflict, civil war and persecution is to resume their own lives in their own countries, at
the heart of their own cultural and social contexts, as soon as possible, once all danger
has subsided,
5.
Noting that all too often requests for refugee status abroad, far from one’s own country of
origin, are used improperly as an excuse to cover illegal immigration, and as a means to
delay identification and expulsion procedures, thus debasing this tool and penalising
those subject to genuine persecution,
6.
Highlighting the extreme difficulty of identifying people and the concrete threats they
face once they have left their country of origin,
The OSCE Parliamentary Assembly:
7.
Invites participating States to take the necessary action in order to lend economic and
material support to United Nations intervention to promptly provide aid to refugees in
areas of armed conflict, civil war, natural disasters or persecution;
8.
To fast-track, wherever possible, the recognition of refugee status and the provision of
aid and assistance as close as possible to the refugees’ country of origin, both to ensure
the recognition of their rights and to allow them to return to their place of origin and their
traditional way of life once the emergency has subsided.
56
RESOLUTION ON
CO-OPERATION FOR THE ENFORCEMENT
OF CRIMINAL SENTENCES
1.
Acknowledging that the Council of Europe Convention of 21 March 1983 on the transfer
of sentenced persons, ratified by European Union Member States, provides for transfer to
serve the remainder of a sentence only towards the sentenced person’s own State of
nationality, and only following the consent of the said State and States parties,
2.
Acknowledging that the additional protocol to this Convention, of 18 December 1997,
that provides for the transfer of the sentenced person without their consent, subject to
certain conditions, has not been ratified by all European Union Member States,
3.
Acknowledging that neither of these measures contains any absolute obligation to accept
sentenced persons for the purpose of the enforcement of a sentence,
4.
Welcoming the Hague Programme on Strengthening Freedom, Justice and Security in the
European Union, which provides for Member States to complete the programme of
measures, particularly those regarding the enforcement of final sentences of
imprisonment,
5.
Recalling the Council of Europe Framework Decision 2008/909/JHA of 27 November
2008 on the application of the principle of mutual recognition to judgements in criminal
matters imposing custodial sentences or measures involving deprivation of personal
freedom, for the purpose of their enforcement in the European Union,
6.
Emphasising that the enforcement of criminal sentences should further develop
co-operation between OSCE participating States, particularly in cases where citizens
from participating States have received a criminal sentence leading to a custodial
sentence or measures involving deprivation of personal freedom in another participating
State,
7.
Recognising that relations between OSCE participating States are based on mutual trust
in their respective legal systems that allow the enforcing State to recognise decisions
made by the sentencing State,
8.
Considering that, while respecting the need to provide adequate guarantees for the
sentenced person, that person’s consent to serve their sentence in his or her country of
origin no longer constitutes a necessary pre-condition for this to go ahead,
9.
Bearing in mind that the co-operation of participating States does not prevent them from
applying their own regulations regarding a fair trial, freedom of association, freedom of
the press and freedom of expression in other means of communication,
57
10.
Emphasising that the enforcement of a sentence in the country of origin should serve to
facilitate the sentenced person’s social integration, the competent authority in the
sentencing State should bear in mind aspects such as, for example, the person’s
attachment to his or her country of origin and whether the said person considers this
country to be where he or she maintains family, linguistic, cultural, social, economic or
other ties,
The OSCE Parliamentary Assembly:
11.
Invites participating States to co-operate in order to take the necessary positive action to
accommodate principles of mutual recognition of criminal sentences and the enforcement
of a sentence in the country of origin by drafting and ratifying specific treaties or by
implementing supranational regulations;
12.
Urges the OSCE Council of Ministers to introduce all the necessary measures, in the
abovementioned spirit of co-operation, in order to effectively implement the regulations
of already existing treaties between one or more OSCE participating States relating to
extradition for the purpose of serving custodial sentences or measures involving
deprivation of personal freedom applied to a participating State’s citizen in his or her
country of origin.
58
RESOLUTION ON
ANTI-SEMITISM
1.
Reaffirming the commitments made by the participating States at previous OSCE
conferences in Vienna (2003), Berlin (2004), Brussels (2004) and Cordoba (2005)
regarding legal, political and educational efforts to fight anti-Semitism,
2.
Reaffirming, in particular, especially the 2002 Porto Ministerial Decision condemning
“anti-Semitic incidents in the OSCE area, recognising the role that the existence of antiSemitism has played throughout history as a major threat to freedom”,
3.
Recalling the 2005 OSCE PA Washington Declaration, the 2006 OSCE PA Brussels
Declaration, the 2007 OSCE PA Kyiv Declaration and the 2008 OSCE PA Astana
Declaration, and the resolutions adopted on combating anti-Semitism,
4.
Saluting the commitment and activities of past and present Personal Representatives to
the Chairman-in-Office on Combating Anti-Semitism,
5.
Welcoming the efforts of the parliaments of participating States to combat anti-Semitism
as highlighted in the Follow-Up Report to the Astana Declaration,
6.
Hailing the work of the Conference on Combating Anti-Semitism, held in London, United
Kingdom, from 15 to 17 February 2009,
The OSCE Parliamentary Assembly:
7.
Remains greatly concerned at the increase in xenophobia and other forms of intolerance
directed towards vulnerable groups during the economic crisis, including an increase in
anti-Semitism characterised by claims that Jews were responsible for the economic crisis;
8.
Endorses the declaration of the London Conference on Combating Anti-Semitism, and
reaffirms in particular:
a. concern for the dramatic increase in recorded anti-Semitic hate crimes and attacks
targeting Jewish persons and property, and Jewish religious, educational and
communal institutions and the incidents of government-backed anti-Semitism in
general, and state-backed genocidal anti-Semitism, in particular;
b. the role parliamentarians, governments, the United Nations and regional organisations
should play in combating anti-Semitism in all its forms, including denial of the
Holocaust, and in reaffirming the principles of tolerance and mutual respect;
c. its call upon national governments, parliaments, international institutions, political
and civic leaders, NGOs and civil society to affirm democratic and human values,
build societies based on respect and citizenship and combat any manifestations of
anti-Semitism and discrimination;
59
d. that the participating States of the OSCE must fulfil their commitments under
the 2004 Berlin Declaration and fully utilise programmes to combat anti-Semitism
including the Law Enforcement programme;
e. that appropriate and necessary action should be taken by governments to develop
strategies to address television broadcasts and other uses of the media and Internet
that promote anti-Semitism, while ensuring that such strategies and any related
legislation fully respect the freedoms of expression, assembly and association, and are
not used to repress peaceful activities of civil society, of political or religious groups,
or of individuals;
f. that, with the support of the OSCE, measures must be adopted to assess the
effectiveness of existing policies and mechanisms in countering anti-Semitism,
including the establishment of publicly accessible incident reporting systems, and the
collection of statistics on anti-Semitism;
g. the importance of education, awareness and training throughout the judicial and
school systems in countering anti-Semitism;
h. the importance of engagement with civil society institutions and leading NGOs to
create partnerships that bring about change locally, domestically and globally, and
support efforts that encourage Holocaust education, inter-religious dialogue and
cultural exchange;
i. that the OSCE should seek ways to co-ordinate the response of participating States to
combat the use of the Internet to promote incitement to hatred; and,
j. the establishment of an international task force of Internet specialists comprised of
parliamentarians and experts in order to create common metrics to measure antiSemitism and other manifestations of hate online and to develop policy
recommendations and practical instruments for governments and international
frameworks to tackle these problems;
9.
Applauds the extensive work of the OSCE Office for Democratic Institutions and Human
Rights to combat manifestations of anti-Semitism and other forms of intolerance,
including: the publication of an Annual Hate Crimes Report that monitors manifestations
of anti-Semitism; development of Holocaust Remembrance and Hate Crimes Legislation
guidelines and other educational materials to combat anti-Semitism; and training of
government and civil society members to monitor, report on and prevent manifestations
of anti-Semitism.
60
RESOLUTION ON
STRENGTHENING OSCE ENGAGEMENT ON
FREEDOM OF OPINION AND EXPRESSION
1.
Recalling and reaffirming that freedom of expression is a fundamental and internationally
recognised human right and a basic component of a democratic society, and that free,
independent and pluralistic media are essential for a free and open society and
accountable systems of government as stipulated in the 1997 Copenhagen Document,
2.
Recalling that the commitments undertaken in the field of the human dimension are
matters of direct and legitimate concern to all participating States and do not belong
exclusively to the internal affairs of the State concerned, as stipulated in the 1991
Moscow Document and entered into by all participating States,
3.
Reaffirming that the protection and promotion of human rights and fundamental
freedoms is one of the basic responsibilities of States, and the recognition of and respect
for these rights and freedoms constitutes the foundation of freedom, justice and peace,
4.
Recalling Human Rights Resolution 2005/38 on the Right to Freedom of Opinion and
Expression adopted by the United Nations Commission on Human Rights on 19 April
2005, which reaffirms the rights contained in the International Covenant on Civil and
Political Rights (ICCPR) regarding the right of everyone to hold opinions without
interference, as well as the right to freedom of expression, including the freedom to seek,
receive and impart information and ideas of all kinds, regardless of frontiers, either
orally, in writing or in print, in the form of art or through any other media of their choice,
and the intrinsically linked rights to freedom of thought, conscience and religion,
peaceful assembly and association and the right to take part in the conduct of public
affairs and the responsibilities of participating States to promote and protect the rights of
individuals under the ICCPR,
5.
Recalling that in agreeing on the mandate of – and pledging to co-operate fully with – the
OSCE Representative on Freedom of the Media, the participating States reaffirm the
principles and commitments they have adhered to in the field of free media (Copenhagen
1997),
6.
Deploring that in a number of OSCE participating States, journalists have been murdered,
assaulted and subjected to harassment,
7.
Recalling and reaffirming that in Budapest in 1994 participating States condemned all
attacks on and harassment of journalists and made a commitment to endeavour to hold
those directly responsible for such attacks and harassment accountable,
8.
Recalling that in his address to the Permanent Council on 2 April 2009 the Representative
on Freedom of the Media warned that violence against the media, if unpunished, becomes
the foremost obstacle to uninhibited journalism,
61
9.
Reaffirming the agreement reached in Istanbul in 1999 on the importance of the free flow
of information and the public's access to information,
10.
Expressing concern that, in a number of participating States, there is an ongoing
discussion about introducing new legislation to regulate the Internet, which, as the
Representative on the Freedom of the Media told the Permanent Council on 2 April 2009,
must be non-restrictive and limited to areas where it is unavoidable if it is to comply with
OSCE commitments,
11.
Recalling that participating States are committed to ensuring that law and public policy
work to permit political campaigning to be conducted in a fair and free atmosphere in
which administrative action, violence and intimidation do not bar the parties and
candidates from freely presenting their views and qualifications, or prevent the voters
from learning of and discussing them (Copenhagen 1990),
12.
Reaffirming that participating States will ensure that no legal or administrative obstacle
stands in the way of unimpeded access to the media on a non-discriminatory basis for all
political groupings and individuals wishing to participate in the electoral process
(Copenhagen 1990),
13.
Reaffirming that persons belonging to national minorities or regional cultures on their
territories can disseminate, have access to and exchange information in their mother
tongue (Vienna 1989),
14.
Recalling that participating States have agreed that everyone will have the right to
peaceful assembly and demonstration, the right of association, and the right to form and
freely join a trade union, and that any restrictions which may be placed on the exercise of
these rights will be prescribed by law and be consistent with international standards
(Copenhagen 1990),
15.
Recalling that participating States will respect the right of individuals and groups to
establish, in full freedom, their own political parties or other political organisations
(Copenhagen 1990),
16.
Recalling that participating States have expressed their commitment to permitting the
right to form, join and participate effectively in NGOs, which seek the promotion and
protection of human rights and fundamental freedoms (Copenhagen 1990),
17.
Reaffirming participating States' commitment to ensure freedom of conscience and
religion and to foster a climate of mutual tolerance and respect between believers of
different communities as well as between believers and non-believers (Budapest 1994),
The OSCE Parliamentary Assembly:
62
18.
Recognises that human rights and fundamental freedoms are most likely to be secured
when citizens, either individually or collectively, are able to hold their government to
account, and notes the particular importance of respect for the freedoms of association
and peaceful assembly as they are intrinsic to the exercise by citizens of their right to
express their opinions and to raise publicly issues of concern, and their ability to
contribute to their resolution;
19.
Urges participating States to address the remaining challenges, the lack of progress and
even set-backs in respect of the implementation of the freedoms of expression,
association and assembly, under threat from a range of excessively restrictive laws and
policies that negatively affect the working environment of journalists, media and related
personnel;
20.
Urges participating States to co-operate fully with and assist the Representative on
Freedom of the Media in the performance of his tasks, to provide all necessary
information requested by him, and to consider favourably his requests for visits and for
implementing his recommendations;
21.
Urges participating States to take all necessary measures to put an end to violations of the
implementation of the freedoms of expression, association and assembly and to create
conditions to prevent such violations, including ensuring that the relevant national
legislation complies with their international human rights obligations and is effectively
implemented;
22.
Urges participating States to ensure that victims of violations of these rights have an
effective remedy, to investigate effectively threats and acts of violence, including terrorist
acts, against journalists, including in situations of armed conflict, and to bring those
responsible to justice;
23.
Urges participating States to fully investigate criminal activities against journalists,
particularly those aimed at intimidating journalists independently reporting, and to fully
prosecute those responsible for those criminal activities;
24.
Urges participating States to refrain from imposing restrictions that are incompatible with
OSCE principles on the free flow of information and ideas and access to or use of
information and communication technologies, including radio, television and the Internet,
and from practices such as the banning or closing of publications or other media and the
abuse of administrative measures and censorship;
25.
Urges participating States to review their procedures, practices and legislation, as
necessary, to ensure that any limitations on the right to freedom of opinion and
expression are only such as are provided by law and are necessary for respect of the
rights and reputations of others, public order, the protection of national security, public
health, or morals;
63
26.
Urges participating States to refrain from imposing restrictions that are incompatible with
OSCE principles on the discussion of government policies and political debate; on
reporting on human rights, government activities and corruption in government; on
engaging in election campaigns, peaceful demonstrations or political activities, including
for peace or democracy; and on expression of opinion and dissent, religion or belief,
including by persons belonging to minorities or vulnerable groups;
27.
Commends the OSCE/ODIHR for its continued assistance to participating States in this
respect, particularly by reviewing legislation linked to human rights and fundamental
freedoms;
28.
Recognises the role that parliamentarians play in their respective States in this regard and
reaffirms the commitment to honour and promote the implementation of existing
commitments within their national assemblies;
29.
Emphasises the importance of providing adequate funding to the OSCE, including the
Representative on the Freedom of the Media, and ODIHR, to support their activities;
30.
Underlines the crucial role of the OSCE field operations in assisting participating States
with the development of the media, and encourages the field operations to further
undertake projects aimed at capacity building and training for the media and promoting
dialogue between the media and the government, in particular on the legislative process.
64
RESOLUTION ON
ARRESTS IN IRAN
1.
Stressing the Parliamentary Assembly’s interest in and dedication to the highest standards
of democratic elections and human rights,
2.
Recognising that the ultimate legitimacy of the electoral process in Iran lies with the
Iranian people,
3.
Emphasising the determination of the Parliamentary Assembly not to infringe upon the
sovereignty of the Islamic Republic of Iran,
4.
Deploring the violence perpetrated against those exercising their civil liberties and
demonstrating peacefully, and
5.
Taking note of the following statement of European Union foreign ministers in Corfu:
“Harassment or intimidation of foreign or Iranian staff working in embassies will be met
with a strong and collective EU response”,
The OSCE Parliamentary Assembly:
6.
Condemns the arrests of Iranian employees working at the British Embassy in Tehran;
7.
Deplores the arrests and intimidation of foreign and domestic journalists working in Iran;
8.
Expresses its grave concern about the continuing violence in Iran; and
9.
Supports the statement of European Union foreign ministers in Corfu concerning
harassment or intimidation of diplomatic staff.
65
OSCE Parliamentary Assembly
International Secretariat
Radhusstraede 1
1466 Copenhagen K
Denmark
Telephone: +45 33 37 80 40
Telefax: +45 33 37 80 30
E-mail: [email protected]
Internet: www.oscepa.org

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